IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16671 of 1999 DR. EJAZ ALI SON OF LATE MUMTAZ ALI, RESIDENT OF GHULAM SARWAR CLINIC AT BHIKHANA PAHARI, P.S. PEERBAHORE, PATNA, DISTRICT- PATNA.. PETITIONER Versus 1. STATE OF BIHAR 2. MD. MURTAZA QURAISHI SON OF LATE YAQUB QURAISHI, RESIDENT OF MOHALLA- NEEMTAL DARGAH ROAD, P.S. SULTANGANJ, TOWN , DISTRICT, PATNA ----------- 4 22-04-2010 Heard learned counsel for the petitioner and learned counsel for the State. Although name of the learned counsel for the complainant is appearing but he has chosen not to appear and contest the quashing application. 2. Petitioner has prayed for quashing of entire proceeding of complaint case no. 228( C ) of 1999 including the order dated 21-5-1999 passed by learned Chief Judicial Magistrate, Patna whereby cognizance was taken for the offences under sections 406 and 420 of the Indian Penal Code. The case is now said to be pending before a Judicial Magistrate, Ist. Class, Patna. 3. It has been submitted on behalf of petitioner that a perusal of the complaint petition contained in annexure-1, clearly shows that admittedly the complainant sold and transferred the assessts and responsibilities of a firm Sangam Daily through a deed of conveyance dated 4th February 1998. The grievance of the complainant is confined to alleged breach of terms of conveyance and it is not the case where any property of the complainant has been entrusted to the petitioner/accused. 2 According to learned counsel for the petitioner even the offence of cheating is not made out and at best the complainant may have a cause of action for moving before a civil court for damage etc. for alleged breach of terms of conveyance. 4. On going through the complaint petition it is found that the aforesaid contentions are correct and the contention of the petitioner has merit that the allegations do not make out any criminal offence. Hence, this application is allowed and the entire criminal proceeding as well as impugned order of cognizance are hereby quashed. This order shall not prejudice the case of the complainant before the civil court if he has already moved the civil court or choses to do so in future. Naresh ( Shiva Kirti Singh, J.)