NIRANJAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is aggrieved by order dated 31.5.2007 passed by Sri Bijay Kishan Chaudhary, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1378(C) of 2007, whereby he has taken cognizance allegedly for offences under Sections 406 and 420 I.P.C.

(2.) THE prosecution case as culled out from the petition of complaint is that the petitioner carries out business in selling clothes which he obtains on credit from the complainant 'sfirm running in the name and style of "M/s Mittal Tex" and after selling the same pays for the cloth taken. But over the years a sum of Rs. 1,77,386/ - became outstanding to the complainant firm out of which a sum of Rs. 1,21,500/ - has already been paid, thereby leaving an outstanding balance of Rs. 55,886/ -.

(3.) THE Apex Court in a catena of decisions has deprecated filing of criminal cases in order to pressurize the party to bring to quick end, their claim based on civil dispute.