CRIMINAL MISCELLANEOUS No.11740 OF 2007 -------- In the matter of an application under section 482 of the Code of Criminal Procedure. -------- PREM SHANKRAM @ PREM SHANKAR MISHRA son of Kedar Nath Tiwary, M/s Prem Bandhu Traders, Bellary, in the town of Purnea, P.S. & Dist.-Purnea ……… ………Petitioner Versus 1.STATE OF BIHAR 2.Chandra Shekhar Prasad Sah son of Late Suryug Prasad Sah, proprietor M/s Royal Traders, Malgodown Sujaganj in the town of Bhagalpur, P.S.-Kotwali, Dist.-Bhagalpur .…… ..…..Opp.Parties -------- For the petitioner: Mr.Mukesh Kumar Jha For Opp. Party No.2: Dr.Manoj Kumar For the State: Mrs. Indu Bala Pandey, Addl.P.P. -------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------- Rakesh Kumar,J. At the very outset it was submitted by Mr. Mukesh Kumar Jha, learned counsel for the petitioner in presence of Dr.Manoj Kumar learned counsel for opposite party no.2 that finally the dispute in between the parties has already settled out side the court. Earlier on 9.11.2010 the case was adjourned on the basis of submission advanced by learned counsel for the parties that steps were being taken to settle the dispute out side the court. 2. Learned counsel for the petitioner before the court handed over a bank draft of Rs.30,000/- bearing bank draft no.394868 dated 10.11.2010 issued by the Boaring Road Branch, Patna, State Bank of India to learned counsel for opposite party no.2 and the same has been accepted without any objection. 3. In view of the fact that the dispute in between the parties has already been settled, there is no need to allow the 2 continuance of the proceeding on the basis of order dated 6.2.1998 passed by learned Judicial Magistrate, 1st Class, Bhagalpur in Complaint Case No.C-712 of 1997 whereby the learned Magistrate has taken cognizance of the offences under sections 420 of the Indian Penal Code and section 138 of the Negotiable Instrument Act. 4. Accordingly, the order of cognizance dated 6.2.1998 passed by learned Judicial Magistrate, 1st Class, Bhagalpur in Complaint Case No.C-712 of 1997 and the entire criminal proceeding against the petitioner is hereby set aside and the petition stands allowed. Patna High Court The 16th November,2010 Md.S./NAFR ( Rakesh Kumar, J.)