1. This application has been filed for quashing of the order dated 23.1.2006 passed in Complaint Case No. 851(C) of 2005 by which the Judicial Magistrate, 1st Class, Danapur has taken cognizance for the offence under Section 406 of the Indian Penal Code against the petitioner.

2. Notices were issued to the Opposite Party No. 2/complainant in this case. After notice, the Court came to know that the Opposite Party No. 2/complainant had died. On 4.11.2008, time was granted to file a substitution petition, which was not filed, as a result of which, by order dated 11.12.2008, this application stood dismissed as against Opposite Party No. 2/ complainant and proceeded only against the State of Bihar.

3. Since, this case involves a dispute with respect to a business transaction involving settlement of accounts/refund of money, in my opinion, the heirs of Opposite party No. 2/complainant are necessary party in the case and the Court below will have to consider this aspect if an application is filed by the heirs of Opposite Party No. 2/complainant.

4. The complainant had retired from Government service and entered into an agreement with the petitioner Padamachand Gupta, the Director