(1.) Heard learned Counsel for the petitioner and the learned Counsel for the State as also the learned Counsel for opposite party no. 2.
(2.) The petitioner is aggrieved by the order of cognizance dated 18.7.2000 in Complaint Case No. 598C/2000 under Section 420 of the Penal Code passed by the learned Judicial Magistrate, 1st Class, Patna.
(3.) Learned Counsel for the petitioner submits that reading the complaint as it is no criminal offence under Section 420 of the Penal Code is made out. At best, the allegations constitute a breach of terms of partnership agreement between the parties by failure on the part of the petitioner to draw up the accounts and share the profits. The opposite party no. 2 has already filed Money Suit No. 41/2000 for rendition of accounts. The complaint case has been filed on 22.4.2000 while the Money Suit has been filed four days latter on 26.4.2000. The institution of the complaint case was nothing more than a coercive measure to expedite settlement of accounts.