IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57110 of 2007 MUNNA LAL, AGED ABOUT 81 YEARS, SON OF LATE RAGHU PRASAD, R/O MOHALLA KAIMASHIKOH, P.S CHOWK, PATNA CITY, DISTRICT-PATNA. --PETITIONER Versus 1. THE STATE OF BIHAR 2. DHEERAJ KUMAR, S/O SRI OM PRAKASH GUPTA, GLASS CORNER, KANKERBAGH, P.S. KANKARBAGH, PATNA, AT PRESENT RESIDING AT MITHAPUR, NEAR BUS STAND, P.S. JAKKANPUR, DISTRICT-PATNA. --OPP.PARTIES _______ FOR THE PETITIONER : M/S ANIRBAN KUNDAN, SANJAY KUMAR SINGH & RITENDRA BHUSHAN AWASTHEE FOR THE OPP. PARTY : MR. MUKESHWAR KR. SINGH, APP. 5. 07.05.2010 This is an application seeking quashing of order dated 23rd August, 2005 passed in Complaint Case no. 1974© of 2005 by Shri Bharat Tiwary, Judicial Magistrate, 1st class, Patna, taking cognizance for the offences under Section 420 of the Indian Penal Code against the petitioner and others. Opposite party no.2, the complainant, filed a complaint petition against petitioner and three others alleging that in the year 1998 they entered into the business of high quality of automobile glasses and the accused persons posed themselves as manufacturer, at their request the complainant 2 agreed to sell the commodity. Some time thereafter it was detected that glasses supplied were of different size and not good quality. As per verbal agreement the glasses not suitable were to be returned including the glasses broke into transit or lying in the godown but inspite of several requests made no heed was paid even there was some shortage of supply and some articles were supplied beyond order. A sum of total rupees four lacs remained due against the accused persons but, inspite of repeated request, did not refund. Ultimately, transaction between the parties was stopped. The complainant who was agitated so filed the case. The complaint petition was filed on 12.7.2005 and it is undisputed now that prior to this one of the accused, none petitioner, the son of the petitioner, being Director of the Company, had filed complaint case no.262 of 2005 on 15.4.2005 in the court of Additional Chief Judicial Magistrate, Patna City, alleging against the complainant opposite party no.2 that he has not paid money against the commodities supplied and silently shifted his business from Patna to Ranchi and started another business in the name and style of M/s Navrang Jewellers and he misappropriated 3 Rs.3,61,285/- with mala fide intention. Cognizance in that case has also been taken. In the instant case, there is no specific allegation vis a vis against the petitioner. Moreover, the dispute between the parties appears to be related with commercial transaction. Thus, it is nothing but a Civil suit, no criminal offence is made out. This Court in a case of Suresh Prasad Singh and Anr. Vrs. State of Bihar; 2008 (4) PLJR at page 327, has clearly held that in a case of commercial transaction and in any violation civil remedy lies and order of cognizance was quashed. The instant case also, wherein dispute relates to agreement and compliance of condition incorporated therein, the nature of dispute squarely covered by the aforesaid decision. No criminal offence is made out. In the result, impugned order with respect to petitioner is hereby quashed. The application stands allowed. (Akhilesh Chandra, J.) AAhmad