IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.309 of 2010 NITI BHUSHAN MISHRA, SON OF LATE BIBHUTI BHUSHAN MISHRA, RESIDENT OF A/239, PEOPLE COOPERATIVE COLONY, KANKARBAGH, P.S. KANKARBAGH, DISTT. PATNA AT PRESENT CRIVI PALACE, KARIAPPA MARG-1-16, PRAMOS GUEST HOUSE, ROOM NO. 26, DELHI CANTT, NEW DELHI ------- PETITIONER Versus 1. STATE OF BIHAR 2. DHRUB PRASAD, SON OF HARIHAR PRASAD, RESIDENT OF VILLAGE – KARKACH MADHOPUR, P.S. BARAULI, DISTT. GOPALGANJ. ------ OPPOSITE PARTIES. ----------- For the petitioner : Mr. Chitranjan Sinha, Sr. Advocate. Mr. Sandeep Kumar, Advocate. For the State : Mr. Kumar Priya Ranjan, A.P.P. ------------ 3. 09.08.2010 The petitioner seeks quashing of the entire proceeding including the order dated 11.8.2009 passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 1721(c) of 2009 by which he has taken cognizance of offence under Section 406 of the Indian Penal Code. On 4.5.2010, the Opposite Party No. 2 was noticed and it appears from the service report that despite receipt of the notices, the Opposite Party No. 2 has not appeared before this Court. The case of the Complainant is that the petitioner entered into an agreement for sale of a certain house located in Kankarbagh and received a sum of Rs. 20,00,000/- with regard to the same but failed to execute the sale deed on the ground that his sister also had a share in the said land. It has been submitted that the Complainant in fact, got executed the sale deed from the widow Bhabhi of the 2 petitioner and has also filed a suit for specific performance for execution of the agreement. The submission of the counsel for the petitioner is that in view of the subsequent development, no offence whatsoever is made out against the petitioner. It is also submitted that the petitioner was ready to return Rs. 10,00,000/- to the Complainant so that the matter may come to an end. Considering the entire circumstances appearing in the case, the petitioner is directed to deposit a Bank Draft in favour of the Complainant to the tune of Rs. 10 lacs in the court below within a period of two weeks which shall be kept in the court’s record if the Complainant refuses to accept the same. On deposit of the Bank Draft in the court below, further proceeding in the court below with regard to the present case shall stand quashed. With this observation, this application is disposed of. S.Ali ( Anjana Prakash, J.)