IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40756 OF 2009 SHRI MANISH, SON OF SHRI SATISH CHANDRA VERMA, RESIDENT OF 22/146 S. K. NAGAR, POLICE STATION BUDHA COLONY, DISTRICT PATNA- 800001 VERSUS 1. THE STATE OF BIHAR 2. HITAISHI BUILDCON PVT. LTD. THROUGH ITS DIRECTOR SHRI RAKESH CHANDRA MALHOTRA, SON OF SHRI BALAK RAM MALHOTRA, RESIDENT OF URIMILA REETA APARTMENT, RAJ BANSHI NAGAR ROAD NO. 2 (EXTENSION), POLICE STATION SHASTRI NAGAR, DISTRICT PATNA ……………………………………………………………………OPPOSITE PARTIES WITH CR. MISC. NO. 9295 OF 2009 1. HITAISHI BUILDCON PVT. LTD. A COMPANY INCORPORATED THROUGH THE COMPANY ACT 1856 AND BEING ITS REGISTERED OFFICE AT GROUND FLOOR, URMILA APARTMENT, ROAD NO. 2 (EXTENSION), RAJBANSHI NAGAR, POLICE STATION SHASTRI NAGAR, DISTRICT PATNA 2. RAKESH CHANDRA MALHOTRA, SON OF SHRI BALAK RAM MALHOTRA, RESIDENT OF 45, GANGA TOWER, L.C.T. GHAT MAINPURA, POLICE STATION PATLIPUTRA COLONY, DISTRICT PATNA 3. SMT. MADHU MALHOTRA, WIFE OF SHRI RAKESH CHANDRA MALHOTRA, RESIDENT OF 45, GANGA TOWER, L.C.T. GHAT MAINPURA, POLICE STATION PATLIPUTRA COLONY, DISTRICT PATNA 4. KISHORE KUMAR, SON OF T. D. BHTHEJA 204, PUSHP, BHARTI APARTMENT, SARDAR PATEL PATH, NORTH S. K. PURI, POLICE STATION S. K. PURI, DISTRICT PATNA 5. SHRI BINOD PRASAD @ BINOD YADAV, SON OF SHRI NIHORA YADAV @ PHALAWANJEE DIGHA GHAT, POLICE STATION DIGHA GHAT, PATNA BIHAR-800001 6. BIMAL KUMAR MISHRA, SON OF SHRI S. S. MISHRA, RESIDENT OF B/101 SECOND FLOOR PRIMAL HALSLEA DRUG, NEAR HOUSE OF SHIR NILMANI (IPS), BUDHA COLONY, PATNA ......................................................................................PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. SHRI MANISH, SON OF SHRI SATISH CHANDRA VERMA, RESIDENT OF C/O SHRI AJAY KUMAR SINHA, 22/146 S. K. NAGAR, POLICE STATION BUDHA COLONY, DISTRICT PATNA ……………………………………………………………………….OPPOSITE PARTIES ************ 2 05/03/2010 Heard learned Counsel for the petitioners, Opposite Party No. 2 and the A.P.P. appearing on behalf 2 of the State in both the cases. Criminal Misc. No. 40756 of 2009 has been filed on behalf of the petitioner Manish in which Rakesh Chandra Malhotra, the Director of Hitaishi Buildcon Pvt. Ltd. is the informant. This case has been filed under Section 138 of the Negotiable Instruments Act. Criminal Misc. No. 9295 of 2009 has been filed by the six persons against the order taking cognizance under Section 418, 403, 506 & 120B of the Indian Penal Code. The main grievances of the parties were that the builder was to hand over a flat to Manish whereas the allegation against the builder is that the builder is not giving the flat within the time and the materials used were not upto the mark. There is also a dispute with respect to the cheques which has to be returned by the builder to Manish. Both the parties have settled their differences. The cheque has been returned and there is no further dispute between the parties. Considering that the grievances have been redressed and the offences under Section 418, 403, 506 & 120B of the Indian Penal Code are compoundable, I do not think it would be proper for the criminal cases to remain pending. 3 I accordingly quash the order dated 25.09.2007 passed in Complaint Case No. 1632 (C) of 2007 by the Judicial Magistrate, 1st Class, Patna and the order dated 11.01.2008 passed in Complaint Case No. 3095 (C) of 2007 by the Judicial Magistrate, 1st Class, Patna. In the result, both these applications are allowed. Anand ( Sheema Ali Khan, J.)