IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8101 of 2010 RAKESH KUMAR SINHA S/o Late Rajendra Kumar Prasad, resident of Sumitra Sadan, Janak Kishore Road, Kadamkuan, P.S. Kadamkuan, District- Patna ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Mukesh Kumar Gupta, S/o Sri Mahabir Prasad Gupta, resident of TCI Building, Behind Janak Kishore Road, P.S. Kadamkuan, District- Patna …Opposite Parties ----------- 2/ 06.12.2010 Heard the parties. The petitioner seeks quashing of the entire proceeding including the order dated 25.01.2010 passed in Complaint Case No. 2855-C of 2009 pending before the Judicial Magistrate, 1st class, Patna, in which cognizance was taken under sections 406 and 420 Indian Penal Code. The case of the complainant is that despite an agreement for sale of certain piece of land for which consideration money of Rs.15,35,000/- was given to the accused persons they refused to honour the said agreement. Learned counsel for the petitioner submits that in the facts of the case no criminal offence would be made out against the accused persons even assuming that there was breach of agreement. Further submission is that at best the complainant could have a remedy in a suit for specific performance and a criminal case is merely short cut for settling the civil scores. Learned counsel for the complainant does not dispute the fact that a sum of Rs.15,35,000/- has been repaid to the complainant but he insisted that in the facts of the case an offence is made out - 2 - since the agreement was entered into by the accused persons with dishonest intent. Considering the entire conspectus of the case, I am of the view that the present complaint is nothing but a tool for harassment and it is well established that the criminal court should not become substitute for civil litigation. In view of such, this application is allowed and the entire proceeding including the order dated 25.01.2010 in Complaint Case No.2855-C of 2009 pending before the Judicial Magistrate, 1st class, Patna, is hereby quashed. Application stands allowed. JA/- (Anjana Prakash, J.)