IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11870 of 2007 ***** Dev Chandra Singh, son of Late Shobhit Singh, Resident of House No.22, Sector-V, Chiranjiv Vihar, P.S. Kavi Nagar, Ghaziabad, Uttar Pradesh. …. …. Petitioner Versus 1. The State of Bihar. 2. Smt. Veena Sahi, Wife of late Hemant Sahi, Resident of Sudharma, Boring Road, P.S. Shrikrishna Puri, District-Patna. …. …. Opposite parties ----------- 7. 28.4.2009. Heard learned counsel for the petitioner, learned senior counsel appearing for the opposite party no.2 and the learned A.P.P. for the State. The present case arises out of a complaint case No.790(C) of 2006. The petitioner seeks quashing of the order of cognizance under Sections 406, 420 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the whole complaint seems to be wishy-washy, in the light of the fact that the matter relates to the year 2000 and for the same occurrence the complaint has come to be filed only in the year 2006. There is unexplained reason why the complainant has kept quite over the issue for many a years. Efforts have been made by the petitioner to show that whatever was supposed to be paid to the builder has already been paid and to that extent he has served the complainant to his best but denies the other liability. Learned senior counsel appearing for the opposite party no.2 submits that it is a case of total breach of trust. Relationship being such between the petitioner and the complainant, effort was made to sort out the matter by intervention of persons but only when the matter - 2 - reached a breaking point that the complainant decided to approach the Court of law in this regard to protect her interest. This Court after considering the totality of the issue and the allegation, is not inclined to quash the proceedings at this stage, though petitioner has liberty to raise all such points when it comes down to the stage of framing of charge against him, when the occasion for same arises. The application is dismissed. Pawan/- (Ajay Kumar Tripathi, J.)