IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40237 of 2009 Vinod Kumar, son of Chandrika Prasad, resident of Rajbanshi Nagar, Road No.1 (Private Colony), PS Shastrinagar, Patna – petitioner. Vs. 1. The State of Bihar, 2. Dhananjay Kumar Singh, son of Sri Rameshwar Sinha, Mohalla Saguna More, PS Danapur, Dist. Patna – opp. parties. 3 19.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 20.12.2008 passed by the Additional Chief Judicial Magistrate, Danapur in Danapur PS Case No. 229/2008 by which cognizance has been taken for the offences under sections 406 and 420 of the Penal Code. The prosecution case is that on 12.10.2007 the opposite party no.2 entered into an agreement with the petitioner for purchase of 3 kathas of land @ Rs. 50,000/- per katha. In terms of the agreement Rs.101,000/- was paid as advance. Rs. 50,000/- was paid in cahs and Rs.50,000/- was paid by way of cheque. The allegation is that the complainant has refused to execute the sale deed and, therefore, liable under sections 406 and 420 of the Penal Code. Counsel for the petitioner, however, submits that the case is of civil nature and the only remedy available to the complainant is to file a suit for specific performance of contract. As far as advance amount is concerned, the petitioner has deposited Rs.50,000/- as per the condition for grant of bail. The petitioner shall return the cheque issued by the complainant within one month from today. 2 Considering that the case comes within the purview of civil dispute, the impugned order is hereby quashed subject to the condition that the petitioner should deposit the cheque issued by the informant-complainant in the court of the Additional Chief Judicial Magistrate, Danapur. The informant would be entitled to withdraw both Rs.50,000/- and the cheque from the court below. This application is allowed subject to the aforesaid terms and conditions. haque (Sheema Ali Khan, J.)