IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49202 of 2008 ====================================================== Surendra Prasad, son of late Janki Sharan Prasad, resident of Village Parasnagar, P.S. Bagha, Distt. West Champaran. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Amarnath Singh, son of late Bishnudeo Singh, resident of Village Bihat, Tola Maksaspur, P.S. Barauni, Distt. Begusarai. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate For the Opposite Party No.2 : Mr. Shashi Bhushan Singh, Advocate For the State : Mr. Dashrath Mehta, A.P.P. ====================================================== 2/ 18-08-2011 Heard the parties. The present petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer for quashing the order dated 19.08.2008 passed by the learned Judicial Magistrate 1st Class, Begusarai in Complaint Case No.1420C/2008, whereby the cognizance under Section 417 of the Indian Penal Code as also Section 138 of the Negotiable Instrument Act has been taken. While the matter was being argued on merit by Mr. Ajay Kumar Thakur, learned counsel appearing on behalf of the petitioner, Mr. Shashi Bhushan Singh, learned counsel appearing on behalf of the Opposite Party No.2 submitted that as a matter of fact, now the present petition has become infructuous, as the Patna High Court Cr.Misc. No.49202 of 2008 (2) dt.18-08-2011 2 charge has been framed against the petitioner and trial has proceeded. Evidence of some of the witnesses has also been recorded by the learned trial court. In view of the aforesaid statement made by the learned counsel appearing on behalf of the Opposite Party No.2, the present petition appears to have become infructuous. In the aforesaid facts and circumstances, the application stands dismissed. Anjani /- (Birendra Prasad Verma, J)