IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43166 of 2007 BADRI NARAYAN PANDEY, son of Satya Deo Pandey, resident of village- Pirhi, P.S.- Babubarhi, District- Madhubani…. Petitioner. Versus 1. STATE OF BIHAR 2. Narayan Mandal, son of late Ramjee Mandal, resident of village- Belha, P. S.- Phulparas, District- Madhubani. .. Opposite parties. ----------- 5. 02.04.2010 Heard Mr. Vishwanath Prasad Singh, learned senior counsel for the petitioner, Mr. Shivnandan Prasad, learned counsel for opposite party as also counsel for the State. Reference may be made to the order dated 19.3.2010. Mr. Vishwanath Prasad Singh, in context of the aforementioned order would submit that the petitioner is prepared to pay a sum of Rs.37,465/- towards admitted salary of opposite party no. 2 within a period of four weeks from today. Mr. Shrinandan Prasad, learned counsel for opposite party no. 2 would submit that though opposite party no. 2 was also entitled for interest but then he would give it up considering the petitioner was also probably made victim of hard hit circumstance. It has to be noted that the 2 prosecution of the petitioner infact in the present complaint case was launched only on account of non-payment of salary of opposite party no. 2 to the tune of Rs.37,465/-. Now when the petitioner is prepared to pay said amount, neither the interest of justice nor the status of parties would require continuance of such litigation. Mr. Shrinandan Pd. Singh, learned counsel for the complainant opposite party no. 2 very fairly submits that since the said amount is now sought paid to the complainant, opposite party no. 2, he will himself withdraw the complaint case on receiving full and final amount of Rs. 37485/-. Recording the aforementioned submission, this application is disposed of with a direction to the petitioner to pay the aforementioned amount of Rs.37,465/- within a period of four weeks by bank draft which will be deposited by him in the court where C. R. No. 1593 of 2003 is pending. If such amount by bank draft in the name of opposite party no. 2 is deposited by the petitioner in the court below, the same will be allowed to be withdrawn by opposite party no. 2 after he 3 files an application for withdrawal of the complaint. Court below in fact before handing over the bank draft will also pass an order dropping the criminal proceeding in the light of the application filed by opposite party no. 2. With the aforementioned observations and directions, this application is disposed of. kanchan (Mihir Kumar Jha, J.)