IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28049 of 2009 Anirudh Kumar, Son of Shri Rajendra Singh. Versus State Of Bihar ----------- 4 15.09.2011 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel appearing for the petitioner as well as learned counsel appearing for complainant of Complaint Case No. 428 C of 2009 and in my view this petition can be disposed off on admission stage itself. This petition has been preferred against the order dated 19.05.2009 passed by learned Additional Chief Judicial Magistrate, Nalanda in Complaint Case No. 428 C of 2009 by which and whereunder the learned court below having found prima facie case under Sections 406, 420 of the Indian Penal Code and 138 of the Negotiable Instrument Act has taken cognizance of the above stated offences. While invoking the extra ordinary jurisdiction of this Court vested under Section 482 of the Criminal Procedure Code learned counsel appearing for the petitioner submits that all the disputes of the parties have already been ended with happy note of compromise and now the complainant has no grievance against the petitioner. To fortify his contention, he drew my attention towards photo stat copy of compromise petition (Anneure-4) said to have been filed by the parties in the Court of learned Chief Judicial Magistrage, Nalanda. 2 Learned counsel appearing for complainant seconded the submission of learned counsel for petitioner and fairly conceded this fact that the complainant has already received the amount in question. It would appear from perusal of the record that complainant, namely, Kunjan Kumar filed complaint petition bearing Complaint Case No. 428 C of 2009 alleging therein that he supplied metal and chips to the petitioner to the tune of Rs. 10,56,209.00 ( Ten lacs fifty six thousand two hundred and nine) on credit and later on, the petitioner made payment of only Rs. 20,000.00 ( Twenty thousand) whereas in respect of rest amount he issued a cheque of Rs. 5,00,000.00 (Five lacs) in the name of complainant but when the aforesaid cheque was presented before the concerned bank, the same became dishonor. Admittedly, after due inquiry, the learned court below has taken cognizance for the offences under Section 406 and 420 of the Indian Penal Code and 138 of the Negotiable Instrument Act. It is also admitted position that there was dispute between the parties in respect of certain dues. Admittedly, the aforesaid dues have already been cleared by the petitioner and the aforesaid fact is accepted by the complainant. Therefore, in my view, the continuation of the proceeding of Complaint Case No. 428 C of 2009 is nothing but only an abuse of process of the law. In the aforesaid circumstance, this petition is allowed and the impugned order dated 19.05.2009 is, hereby, quashed. In 3 the aforesaid manner, this petition is disposed off on admission stage itself. Md. Ibrarul ( Hemant Kumar Srivastava, J.)