IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10485 of 1998 KAMESHWAR PD.SINGH Son of Late Bhubneshwar Prasad Singh, resident of Village-Bara, Police Station- Gwalpara, District-Madhepura. Versus 1.STATE OF BIHAR 2.Shiv Shankar Singh son of Late Mukund Singh of Professor Colony, Police Station-K.Hat, District- Purnea. ----------- 8 6/8/2009 Assuming everything to be correct in the petition of complaint, once this Court would find that the petitioner is said to have conveyed land in terms of power of attorney dated 6.12.1995, it cannot be said that such execution of registered sale deed by him on 14.2.1996 and 16.2.1996 were fraudulent act specially when the complainant-opposite party no.2 himself claims to have cancelled it only a week back on 5.2.1996 and sent it thereafter to the petitioner by registered post. Apparently, such dispute is totally of a civil nature and consequently continuance of criminal prosecution shall be an abuse of process of the court. That being so, this application is allowed and the entire prosecution including the order taking cognizance is hereby quashed. Abhay Kumar (Mihir Kumar Jha, J.)