IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14762 of 2010 BISHAMBHAR MISHRA S/O LATE CHIRANJIV MISHRA R/O VILLAGE- KORTHU P.S. GHANSHYAMPUR, DISTT. DARBHANGA ……………… Petitioner Versus 1. THE STATE OF BIHAR 2. NARENDRA MISHRA S/O LATE SHIVA SHANKAR MISHRA C/O PARIKSHAN SINGH, EAST BORING CENAL ROAD, RAIJEE KI GALI, P.S. BUDHA COLONY, DISTT. PATNA ……………….Opposite Parties ----------- 2. 16.12.2010 No one appears on behalf of the opposite party no. 2 even though his name appears on the list. The petitioner seeks quashing of the order dated 8.1.2010 passed in Complaint Case No. 3022 (C) of 2009, by which Judicial Magistrate Ist Class, Patna has taken cognizance under Section 418 & 421 of the I.P.C. The case of the complainant is that he is an advocate’s clerk and petitioner had assured him payment after he received the award in a claim case of the death of his wife but he changed his lawyer during the proceedings and after receiving the award did not pay him as per the agreement. It has been submitted that from the facts of the case itself it appears that the case is malicious and no offence whatsoever is made out against the petitioners. I agree with the contentions raised on behalf of the petitioner. In view of such, the application is allowed and order dated 8.1.2010 passed in Complaint Case No. 3022 (C) of 2009 is quashed. Fahad. ( Anjana Prakash, J. )