SARBA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the order dated 28.7.2004 passed by Sri Lal Bahadur. J.M. 1st Class, Hilsa in Complaint Case No. 687/2003 by which he has ordered to issue summons against the petitioner for facing trial under Section 406 of the Indian Penal Code.

(2.) HEARD .

(3.) LEARNED counsel for the petitioner submitted that as per prosecution case, the allegation against the petitioner is that the petitioner has not paid Rs. 60,000/ - to the complainant after final accounting. Therefore, it is a civil dispute and the Opposite Party No.2 can file money suit for realising the same and no criminal case against the petitioner is maintainable.