IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13071 of 2008 SHIB NATH BANERJEE Versus STATE OF BIHAR ----------- 2. 14.5.2010. Having heard the learned counsel for the petitioner and on perusal of the complaint petition and the statement of witnesses the copies of which have been annexed to the present petition, what is found is that there is no allegation of any kind against the present petitioner that he had participated in any manner in getting the payment made or receipt of the same or even depositing or not depositing the same, the petitioner has been summoned by the learned Magistrate for offences under Sections 406 and 420 of the IPC which appears completely out of question under the facts of the case and in the light of the statement of witnesses recorded during enquiry. The summoning of the petitioner, as such, by order dated 27.5.2004 is hereby quashed as it appears an absolutely abuse of the process of the court. As regards the summoning of other accused, the order shall stand to that extent. Petition is dismissed with the above observations. B.Kr. ( Dharnidhar Jha, J. )