IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.30325 OF 2009 1. SAMIR KUMAR DUBEY @ SAMIR DUBEY, SON OF SHRI GANGA NAND DUBEY 2. PRIYANKA DUBEY, WIFE OF SHRI SAMIR KUMAR DUBEY BOTH RESIDENT OF MOHALLA RUIDHASHA, POLICE STTION AND DISTRICT KISHANGANJ ………………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. DR. AJAY KUMAR SINHA, SON OF LATE DR. VINDHYACHAL PRASAD, RESIDENT OF PAKRI ARA, POLICE STATION NAWADHA, DISTRICT BHOJPUR PRESENTLY POSTED AS MEDICAL SUPERINTENDENT, LODHANA HOSPITAL (B.C.C.L.), DHANBAD (JHARKHAND) 3. HIMANSHU SHEKHAR SINGH, DISTRICT PROSECUTION OFFICER, CIVIL COURT, KISHANGANJ ……………………………………………………………………….OPPOSITE PARTIES ********** 16 29/06/2011 Heard Counsel for the petitioners, the informant and the A.P.P. appearing on behalf of the State. This application has been filed for quashing of the entire First Information Report of Kishanganj Police Station Case No. 213 of 2009 filed under Sections 406, 420, 467, 468, 471, 120B of the Indian Penal Code. The prosecution case, in short, is that the petitioner no. 1 had taken a loan of a sum of Rs. 7,00,000/- from the Opposite Party No. 2/informant. This matter was heard in Court. Both the parties agreed that if the petitioner will pay the loan amount, the prosecution case would be withdrawn and the matter would be amicably settled between them. 2 Samir Kumar Dubey, petitioner no. 1 who also represents petitioner no. 2, his wife, is personally present before this Court. Dr. Ajay Kumar Sinha, Opposite Party No. 2, the aggrieved party is also present before this Court. This order is being passed in their presence. Dr. Ajay Kumar Sinha has agreed to compromise the matter and as such, this Court quashed the entire prosecution of Kishanganj Police Station Case No. 213 of 2009 filed under Sections 406, 420, 467, 468, 471, 120B of the Indian Penal Code. Dr. Ajay Kumar Sinha gives an undertaking to this Court that he will withdraw all such cases which arise out of this case, specifically Complaint Case No. 1774 of 2009 pending before the Chief Judicial Magistrate, Dhanbad (Jharkhand). Opposite Party No. 3 Himanshu Shekhar Singh is also involved in this transaction as Dr. Ajay Kumar Sinha had given a draft of Rs. 6,00,000/- to Himanshu Shekhar Singh who in turn paid the said amount to petitioner no. 1. The petitioner no. 1 had issued a cheque which later dishonourned. Himanshu Shekhar Singh has filed an application in the Bar Association alleging that the petitioner no. 1 has misappropriated his money. The said amount, which was the subject matter of the draft, has now been paid to Dr. Ajay Kumar Sinha. 3 This Court would consider one more aspect of the entire matter. In the case of misappropriation, there must be an intention to cheat the person of some money or property. In this case, it may be noted that at different stages, the petitioner no. 1 has made payments and has paid money as and when he could, to the parties concerned. In fact, some of it was paid even before this application was filed in this Court. Therefore, this Court finds that in fact, there was no intention on the part of the petitioners to cheat either Dr. Ajay Kumar Singh or Himanshu Shekhar Singh. In the result, this application is allowed. Anand ( Sheema Ali Khan, J. )