IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37714 of 2007 LAXMAN PRASAD, S/o Late Govind Prasad, Proprietor M/s Vikash Textiles, Darbar Chowk Hisua, P.S.-Hisua, District-Nawada. ……..Petitioner. Versus 1. THE STATE OF BIHAR. 2. Shri Vinod Kumar Tulsiyan, S/o Late Bajrangi Lal Tulsiyan, Pro. M/s Bajrang Lal Vinod Lal, 1st Floor, Kupepar Market, Birla Mandir Road, Patna, P.S.- Pirbahore, District-Patna. …..Opposite Parties. ----------- 04. 05.02.2010 Heard both the parties. This is an application for quashing the order of cognizance dated 02.09.2005 passed by Miss Saroj Kumari, Judicial Magistrate, 1st Class, Patna in complaint case No. 2503(c) of 2003 by which she has refused the application of the petitioner filed under Section 205 Cr.P.C. and which was affirmed by the 7th Additional Sessions Judge, Patna in Cr. Rev. No. 712 of 2005 by order dated 19.07.2007. The petitioner is a retailer of cloth having his business in the name and style of M/s Vikash Textiles, Darbar Chowk, Hisua, District-Nawada and in course of business transaction between the complainant and himself some differences arose on account of which the complainant instituted case in 2003 in which cognizance was taken for the offences under Section 406 of the Indian Penal Code. The submission of the petitioner is that it is a purely civil dispute between the parties and there is no - 2 - allegation of any criminal intent nor is the case of such a nature in which the Magistrate should have disallowed the application under Section 205 Cr.P.C. The Opposite Party appearing for the complainant opposes the application. In view of the settled principles of law that an application under Section 205 Cr.P.C. should neither be allowed nor refused for the asking and some of the reasons for refusing Section 205 Cr.P.C. have been zeroed down to cases in which there is a chance of the accused persons delaying the trial or disputing their identity or if the cases affect the economic stability of the nation and the Court should not insist on the personal appearance of the accused persons by way of punishment. Under the circumstances, this Court is of the view that the application is fit to be allowed on the undertaking of the petitioner that he will appear as and when required to do so by the court below and therefore the order dated 02.09.2005 passed by Judicial Magistrate, 1st Class, Patna and order dated 19.07.2007 passed by 7th Additional Sessions Judge, Patna in complaint case No. 2503 (c) of 2003 and Cr. Rev. No. 712 of 2005 is set aside. Vikash/- (Anjana Prakash, J.)