IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18145 of 2002 BIKRAM RAM Versus STATE OF BIHAR & ANR ----------- 3. 19.8.2010. Heard Sri Rajendra Prasad, learned senior counsel appearing for the petitioner and the learned A.P.P. for the State. The allegation is contained in paragraph-7 of the complaint petition and as per it, the complainant was a commission agent of the post office who was selling postal stamps of different denominations. He had approached the petitioner for purchasing stamps of Rs.80,000/-. As per allegation the complainant had handed over Rs.80,000/- to the petitioner and when he wanted the stamps to be given to him it was refused and the money was also not returned. The further allegation is that the petitioner threatened the complainant of assault, abuses and of being implicated in false cases. After holding the enquiry, the leaned Magistrate was not satisfied about the allegation that any amount of money was handed out by the complainant to the petitioner. It was thereafter that the learned Magistrate went on to suspect that there might have been some maar-peet between the parties and as such proceeded to take cognizance of offences under Section 323, 420/511 of the Penal Code. I have just extracted the allegation which appears in paragraph-7 of the complaint petition. On the very allegations which are to be accepted to be true on their face value, it could not be said that there was any incident of assault between the parties as has been found by the learned Magistrate in his order of summoning passed on 12.12.2001. So - 2 - far as offence under Section 420/511 of the IPC is concerned that part of the allegation has already been recorded false by the Magistrate. In the above view of the findings which appear from the reading of the complaint petition as also from the very order passed by the learned Magistrate, it appears to me that there was no sufficient ground for proceeding against the accused, namely the present petitioner and the whole summoning order was without any basis. In the result, the order summoning the accused dated 21.12.2001 passed by S.D.J.M., Biharsharif in Complaint Case NO.950C of 2001 is hereby quashed. The petition is allowed. B.Kr. ( Dharnidhar Jha, J. )