IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35355 of 2008 Ram Nandan Prasad Singh, Son of late Narsingh Narayan Singh, Resident of Jayant Bhawan, New Yarpur Janta Road, P.S. Gardanibagh, Patna. ………….. Petitioner. Versus 1. The State of Bihar. 2. Bhola Ja @ Bhola Sao Son of Heera Lal Sao, resident of Sachidanand Colony, Kurthaul, P.O. Kurthaul, P.S. Parsa Bazar, District – Patna. ……….. Opposite Parties. --------------- For the Petitioner : - Mr. Nirmal Kumar Sinha No. 3, Advocate For the State : Mr. Dashrath Mehta, A.P.P. --------- 03/ 02.12.2011 Heard. The petitioner has filed this application under Section 482 Cr.P.C. for quashing the order dated 06.05.2008 passed in Complaint Case No. 2891 (C) of 2007 by the court of Md. Habibullah, Judicial Magistrate, Ist Class, Patna dismissing the complaint petition filed on behalf of the petitioner on enquiry under Section 203 Cr.P.C. The learned counsel appearing on behalf of the petitioner submits that the complainant and other witnesses have supported the allegation as made in the complaint petition about taking the money of Rs.Two lacs. by accused/O.P. No. 2 and who did not return the same in spite of repeated demand due to bad intention and committed the offence of criminal breach of trust and cheating. On going through the impugned order, it appears that the learned Magistrate on perusal of complaint petition, S.A. of the complainant and the statement of the witnesses arrived at a conclusion that the dispute appears to be of civil nature and accordingly, dismissed the complaint petition under Section 203 Cr.P.C. I find no irregularity or illegality in the impugned order amounting to abuse of process of court. Accordingly, this petition is dismissed. DKS/ (Rajendra Kumar Mishra, J.)