IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10725 of 2010 1. SURESHNANDAN PRASAD SINGH @ GOPAL BABU. 2. Mukeshnandan Prasad Singh @ Lallu Babu. Both are sons of Late Brijnandan Prasad Singh. 3. Gaurav Nandan Prasad Singh @ Gaurav Kumar, S/o Sureshnandan Prasad Singh @ Gopal Babu. All are R/o Mohalla-Belan Bazar (Nandan Bhawan) P.S.-Kasim Bazar, P.O. & Distt.-Munger. Versus 1. THE STATE OF BIHAR. 2. Ramawatar Sah, S/o Janaki Sah, R/o Mohalla Shastrinagar, Gali No. 7, P.S.-Kasim Bazar, Distt.-Munger. ----------- 02. 07.12.2010 The petitioners have sought quashing of the order dated 24.07.2009 passed by Judicial Magistrate, 1st Class, Munger in Complaint Case No. 424C of 2009 by which he has taken cognizance under Sections 406, 420, 323, and 540 IPC. The case of the complainant was that a certain piece of land was agreed to be sold to the complainant but despite receipt of consideration money the accused persons refused to execute the sale deed. It has been submitted on behalf of the petitioners that the complainant has alternative remedy in suit for specific performance and he has already taken recourse to a money suit which is pending in the court below. The further submission is 2 that in the facts of the case it would make out just a breach of contract without a criminal offence. On the other hand the complainant has resisted the application submitting that in fact the accused persons had accepted the money and, therefore, the complaint was instituted. Considering the circumstances emerging out from the case, I am of the view that in the facts of the case no criminal offence whatsoever is made out. In view of such, this application is allowed and the order dated 24.07.2009 passed by Judicial Magistrate, 1st Class, Munger in Complaint Case No. 424C of 2009 is, hereby, set aside. Vikash/- (Anjana Prakash, J.)