IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3118 of 2009 1. ANIL KUMAR SAH S/O BHAGWAN LAL SAH 2. ROSHAN LAL SAH S/O BHAGWAN LAL SAH 3. LALLOO PRASAD SAH S/O BHAGWAN LAL SAH …………. Petitioners Versus 1. THE STATE OF BIHAR 2. RAJ KUMAR AGRAWAL MANAGER OF M/S R.K. SYNTHETICS, SUTAPATTI, P.S.- TOWN, DISTRICT- MUZAFFARPUR. ……………….. Opposite Parties ----------- 4. 28.7.2010 The learned counsel for the petitioner is permitted to make necessary correction of paragraph one and prayer portion. The petitioners seek quashing of the order dated 14.9.1998 by which Judicial Magistrate, Ist Class Muzaffarpur in complaint case no. 912/98, Trial No. 1271/2008 has taken cognizance for offences under Sections 406 and 409 of I.P.C. The case of the complainant is that this accused person were entrusted certain goods for sale which they misappropriated upon which cognizance was taken as mentioned aforesaid. On the last occasion notices were issued to the opposite party no. 2 but he refused to accept it despite it having been delivered to him. Learned counsel for the petitioner submits that 2 in fact the petitioner has already re-paid the entire amount to the complainant on account of which the complainant had filed a compromise petition on 10.7.2010 in the court below. Since the opposite party no. 2 has refused to appear and refute the argument. I am inclined to accept the same In view of such this application is allowed and the order dated 14.9.1998 by which Judicial Magistrate, Ist Class Muzaffarpur in complaint case no. 912/98, Trial No. 1271/2008 has taken cognizance for offences under Sections 406 and 409 of I.P.C. is hereby quashed. Fahad. (Anjana Prakash, J)