Criminal Miscellaneous No.14627 of 1998 ------- In the matter of an application u/s 482 of the Code of Criminal Procedure. ------------- SURESH KUMAR PANSARI @ SURESH PANSARI son of late Ram Swaroop Pansari, resident of Mohalla Gullowara, P.S. Town, District Darbhanga ............Petitioner Versus 1. STATE OF BIHAR 2. Tarak Nath Singh son of late Saryug Singh Resident of village Dighawa- Tole Dighauli PS Baikunthpur, District Gopalganj ...Opposite Parties ---------------------- For the petitioner: Mr. Vishwanath Pd. Sinha, Sr. Advocate For the State: Lala Kailash Bihari Prasad, Sr. Advocate ----------- P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH Shiva Kirti Singh, J. Heard Sri Vishwanath Pd. Sinha, learned Senior counsel for the petitioner and Lala Kailash Bihari Prasad, learned Senior counsel for the State. Inspite of valid service of notice, nobody has appeared on behalf of complainant, O.P. No.2 to oppose this quashing application. The prayer made in this application is for quashing the order dated 27-11-97 passed by Sri Indradeo Singh, Judicial Magistrate, 1st class, Gopalganj in Complaint case no. 1615/97 whereby he has taken cognizance under sections 406 and 420 of the IPC against the petitioner and has ordered for issuance of process. There is further prayer to quash the entire criminal proceeding in the aforesaid complaint case. 2 Learned counsel for the petitioner has placed the allegations made in the complaint petition (annexure-1) to submit that the allegations are simply to the effect that the petitioner had taken a loan of Rs. 15,000/- from the complainant and subsequently, on demand, he refused to pay the money. Besides other submissions raising issue of malafide prosecution at Gopalganj when the petitioner lives at Darbhanga, it has been submitted that the allegations do not show that initially there was any dishonest intention and hence, even if the allegations be accepted as true, they would make out only a civil liability and not a criminal offence. On going through the contents of the complaint petition it is found that the allegations are purely in the nature of civil claim and do not constitute a criminal offence. In that view of the matter, the prayer made in this application is allowed and the entire proceeding of Complaint case no. 1615/1997 pending before learned Judicial Magistrate, 1st Class, Gopalganj is quashed. Patna High Court The 11th March, 2010 NAFR/BKS (Shiva Kirti Singh, J.)