IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42816 of 2007 1. NIRAJ KUMAR 2. A.N.Sharma …petitioner Versus 1. STATE OF BIHAR 2. Shailesh Kumar …opposite parties For the petitioners: Mr. K.Sharma & : Mr.L.K.Sharma For the O.P. :Mr.Shivendra Prasad For the State : Mr. J.Upadhyaya,APP ----------- 03. 20.08.2010 Heard counsel for the parties. Present is an application filed against the order dated 14.12.2004, passed by learned Judicial Magistrate 1st Class, Gaya in Complaint Case no.268/2004(Trial No.883/2004). By the order impugned, learned Magistrate has taken cognizance recording his satisfaction about the presence of a prima facie case based on materials brought on record in course of enquiry. Learned counsel for the petitioners submits that even going by the statements made in the complaint, it would appear that o.p.no.2 herein was engaged by a Firm to serve as Medical Representative on contract basis. It has been alleged that the salary for few months was not paid to him by the petitioners. In my view, the aforesaid grievance will not constitute an offence for which petitioners are being prosecuted. Learned counsel for opposite party no.2 submits that admittedly salary for few months has not been released by the petitioners and, as such, the complainant was justified in filing the present complaint. 2 Having heard learned counsel for the petitioners, I am satisfied that allowing the present proceeding shall subserve the cause of justice. The application is, therefore, allowed and the impugned order dated 14.12.2004, passed in Complaint Case No.268/2004(Trial No.883/2004) is set aside. hr ( Kishore K. Mandal )