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The sole accused of Complaint Case No.1727(C) of 2006 through this application has prayed for the quashing of the entire allegedly malicious, vexatious and frivolous prosecution arising from the said complaint including the order dated 06.06.2007 passed therein by Sri A.K. Singh, Judicial Magistrate, First Class, Patna, whereby he has taken cognizance of offences under Sections 405 and 504 I.P.C. against the petitioner.

The complainant, one Guru Prasad Singh, impleaded herein as O.P. No.2, filed the aforesaid complaint case on 19.6.2006 alleging inter alia that he was running a business of readymade garments shop in the name and style of "Ashoka Dresses" in the tenanted premises of the petitioner on monthly rental since the past 40 years and he was paying the monthly rental regularly. It is further alleged that the petitioner approached him and gave out that since the shop premises was a very old structure it required renovation and for the purpose money was required and as per demand the complainant arranged Rs.50,000/- and paid the same to the petitioner through cheque no.029066 dated 16.1.2006 of the Central Bank of India, Birla Mandir Branch. The said cheque was drawn in the name of Parijat Sinha, the son of the petitioner. The complainant demanded a receipt which was assured to be given on the following day.

It was next submitted by the learned counsel for the petitioner that the complainant had not approached the court with clean hands and for genuine and bonafide cause of action. While admitting that a cheque of Rs.50,000/- had been given in the name of Parijat Sinha, the son of the petitioner, who has been living in the U.S.A. but maintains a Savings Bank Account No.9616 jointly with the petitioner with the Central Bank of India, Birla Mandir Branch, it was submitted that the same was by way of advance of consideration amount for purchase of Parijat Sinha's flat which he wanted to sell and the complainant's son Vijay Kumar Singh wanted to purchase. The said cheque was deposited in the joint account of Parijat and the amount credited in due course. However, a few days later complainant and his son approached the petitioner and showing their disinclination to purchase requested for refund of the amount of advance which was duly complied by the petitioner who issued cheque no.026526 dated 13.2.2006 of Savings Bank Account No.9616 in the name of the complainant which as per the details of the pass book (Annexure-7) was encashed by Guru Prasad Singh, the complainant on 16.2.2006.