IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16478 of 1998 MOHAN PRASAD SON OF KRISHNADEO NARAIN, DOCTOR AT PATNA MEDICAL COLLEGE AND HOSPITAL, PATNA RESIDENT OF MOHALLA- HANUMANNAGAR, SHIVCHANDRA PURI, P.S. PATRAKARNAGAR, BIHIND S.V.D. HIGH SCHOOL, P.O. LOHIYANAGAR, DISTRICT AND TOWN PATNA.. PETITIONER Versus 1.STATE OF BIHAR 2. SRI NARESH LAL SON OF LATE CHANDRA KISHORE PRASAD, RESIDENT OF MOHALLA- BHOJPUR COLONY, NEW BYE PASS ROAD, P.S. KANKARBAGH, PATNA………. OPP. PARTIES. ----------- 8 11-3-2010 Heard learned counsel for the petitioner and Mr. Lala Kailash Bihari Prasad, learned Public Prosecutor. In spite of notice nobody has appeared on behalf of opposite party no.2, the complainant. Petitioner has prayed for quashing of the entire proceeding of a complaint case bearing no. 330 of 1998 pending in the court of Chief Judicial Magisatrate, Patna relating to alleged offecnes under sections 406,420 of the Indian Penal Code and section 138 of the Negotiable Instruments Act on the ground that not only the entire dispute arose out of failure to pay a part of accommodation loan but subsequently the parties have compromised their differences as would appear from a petition filed in the court below which has been annexed with supplementary affidavit filed on 4-12-2003. 2 On going through the petition of complaint and the compromise petition it appears that the aforesaid submissions have merit. It is found that it would be in the interest of justice to quash the instant complaint case particularly, when the complainant has not appeared to oppose the aforesaid quashing application or to controvert the fact that the parties have compromised their differences and the balance amount of money have been paid to the complainant. In view of aforesaid facts and circumstances the prayer made in this application is allowed and the entire proceeding of Complaint Case No. 330 of 1998 pending before the Chief Judicial Magistrate, Patna is hereby quashed. Naresh ( Shiva Kirti Singh, J.)