IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39374 of 2006 1. M/S The Fragrance Modulators, C/26 Antopil Warehousing Complex, BIT College Road, Mumbai-37 through its proprietor Dr. Ravi Ratan. 2. Dr. Ravi Ratan, Son of Late Dr. Sushil Kumar Sharma, Proprietor of the Fragrance Modulators, C-26, Antopil Warehousing Complex, B.I.T. College Road, Mumbai-37. --------- Petitioners Versus 1. State of Bihar. 2. M/s Subham Marketing Behind Punjab and Sindh Bank, 42, Frazer Road, Police Station Kotwali, District Patna through its proprietor Sanjay Kumar. -------- Opposite Parties ----------- 7 17.2.2010 Heard learned counsel for the petitioners and counsel for the opposite party no.2. Pursuant to the order of this Court dated 20.3.2009, learned counsel for the petitioners has produced a bank draft for a sum of Rs. 57,276/- payable in the name of Shubham Marketing on a premise that out of Rs. 1,00,000/- a goods worth rupees forty-two thousand and odd were supplied and the balance amount is being paid. Learned counsel for the opposite party no.2 though with heavy heart is prepared to accept the amount. He of course was of the view that some interest should also have been paid by the petitioner on the amount retained 2 by him. That being the position, this Court would find that on deposit of the due amount of Rs. 57,276/- the continuance of criminal prosecution against the petitioners would amount to abuse of the process of Court, inasmuch as, all said and done, it was basically a dispute of business in which certain transactions were made by the parties. Taking all these facts and circumstances into account, this Court would quash the criminal proceeding against the petitioners but the same would be given a final burial by the court below only after the petitioners would produce revalidated draft as the draft produced before this Court is dated 26.3.2009 and the same has lost its validity. Accordingly, while a photocopy of the draft is being retained on the record of this case, the original is being returned back to the counsel for the petitioners for its revalidating and handing over to the complainant opposite party no.2 through the court where the same would be produced by way of revalidated draft within one month of 3 receipt/production of a copy of this order. With the aforementioned observations and direction, this application is allowed. Rsh (Mihir Kumar Jha, J.)