IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46146 of 2009 AKHILESHWAR TIWARY, S/O Late Jagdish Tiwari, R/O Exibition Road, Patna, P.S. Gandhi Maidan, Distt- Patna, Proprietor, M/S New Patna Transport Agency, Branch Office, Opp. Ranjan Plaza, Kankarbagh, Road P.s.- Kankarbagh, Distt- Patna. ……….Petitioner. Versus 1. THE STATE OF BIHAR. 2. Sawpan Kumar Sarkar, S/O Sri Samrandra Nath Sarkar, Distt- Manager of M/S Wallance Pharma Ceuticals Limited having its residence at St. pauls Pre-School Building, Ground Floor, Road No. 6B- Sough of Park, Rajendra Nagar, P.S.- Kadamkuan, Distt- Patna. Through M/S P.R. Enterprises, Arya Kumar Road, Rajendra Nagar, Patna. ……….Opp. Parties. ----------- 3 24.02.2011 Heard learned counsels for the petitioner and for the State. The petitioner has challenged the order of cognizance dated 09.06.2000 passed in a complaint case whereby cognizance has been taken under Section 407 of the Indian Penal Code. The accusation against the petitioner is that he was entrusted with the medicine worth of Rs. 62,423/-, but the consignment was not delivered to the consignee. The petitioner is ready to reimburse the alleged amount along with Rs. 5,000/- in two installments within a period of two months. Let the learned Court below may not proceed in Complaint Case No. 430 (C) of 2000 for a period of two months, but if the said amount is deposited, the same may be released in favour of the complainant immediately. 2 It is expected that learned Court below will pass appropriate order on discharge application of the petitioner after hearing both sides. Accordingly, this application is disposed off. Bhardwaj ( Dinesh Kumar Singh, J)