IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2596 of 2009 TARKESHWAR CHAUDHARY @ KAMESHWAR CHAUDHARY RESIDENT OF VILLAGE MANGLI CHAK, SUITHA, P.S. PARSA, DISTRICT PATNA …. PETITIONER. Versus 1. THE STATE OF BIHAR 2. RAJ SINGH SON OF VARUN KUMAR SINGH, RESIDENT OF DENKAIMLI LADDU AKAHARA, P.S. ALAMGANJ, DISTRICT PATNA …… OPPOSITE PARTIES. ----------- 4. 26.7.2010 The petitioner seeks quashing of the order dated 8.11.2008 passed by the Judicial Magistrate, 1st class, Patna City in G.A.No.551 of 2005 Trial No.219 of 2008, by which he has refused to discharge the petitioner in exercise of its jurisdiction u/s.245(2)(1) of the Code of Criminal Procedure. The opposite party no.2 was noticed by an order dated 16.4.2010, but the office has reported that notices could not be delivered to the opposite party no.2 since he had left his residence after selling the same. The case of the complainant is that the petitioner had taken a musical Programme from the complainant and his witness and promised to pay Rs.40,000/- and in lieu of that Programme he mortgaged his property papers. However, the accused persons refused to pay the complainant stipulated amount and also did not take the documents mortgaged to him. The submission of the Counsel for the petitioner is that in the facts of the case no offence whatsoever would be made out against the petitioner and I am inclined to agree with - 2 - him. Considering that from the facts of the case, no offence whatsoever is made out against the petitioner much less u/s.406 I.P.C. since the entire action of the petitioner appears to be in default of an alleged agreement between the complainant and the petitioner. In view of such, this application is allowed and the order dated 8.11.2008 passed by the Judicial Magistrate, 1st class, Patna City in G.A.No.551 of 2005 Trial No.219 of 2008 is quashed. Narendra/ ( Anjana Prakash, J. )