Partha Sarthy, J.—Heard learned counsel for the petitioners, learned Standing Counsel for the State of Bihar and learned counsel for the private respondents.

2. The petitioners in both the applications have preferred their respective applications for quashing the First Information Report in connection with Fatuha P.S. Case no.189 of 2016 registered under sections 420, 406 and 120B of the Indian Penal Code.

3. Both the applications arising out of the same F.I.R., are being disposed of by this common order.

4. As per the prosecution case, contained in typed written statement dated 12.5.2016 of the informant addressed to the Officer-in-charge of police station Fatuha alleges inter alia that on the request made by one of the Directors Dilip Kumar Jha, a written agreement was entered into on 15.1.2013 between the informant and Scope Vincom Industries Private Limited (hereinafter referred to as “the Company” in short) according to which an advance of Rs.2,42,000/ was given by the tenant and three months rent by way of advance was given. It is stated that on account of the father of the informant having fallen down on the staircase, the informant went to Delhi for the medical treatment of his father where he stayed for 1½ years. The arrears of rent was not paid by the accused persons and thus, the informant requested the Directors that his godown be vacated by them. On this, Satyanarayan Tulsiyan and Upen Tulsiyan told him on telephone that they were sending Rs.5 lacs in cash and Rs.10 lacs by way of post dated cheques. They assured that the remaining amount will also be paid soon and that they would vacate the godown by 15.1.2016. The informant states that the godown was vacated on 14.1.2016 but the arrears of rent of the godown was not paid by them and the cheques which were deposited by the informant were returned by the Bank stating that there was instructions to stop payment. Notices were given. A total arrears of Rs.39,41,800/ of rent remains due and payable to the informant and the same has not been paid by the Directors as a result of criminal conspiracy and cheating. On the statement of the informant, the F.I.R. being Fatuha P.S. Case no.189 of 2016 was registered on 12.5.2016 under sections 406, 420 and 120B of the Indian Penal Code.

5. The case of the petitioners in short is that from reading of the F.I.R. and even accepting the allegations made therein, the dispute is purely a civil dispute relating to arrears of rent. Even accepting the allegations made in the F.I.R., no offence of cheating or of criminal breach of trust is made out against the petitioners. It is further submitted that for the same allegations, a complaint case being Complaint Case no.1171 (C) of 2016 was filed on 12.4.2016 in the Court of the learned Chief Judicial Magistrate, Patna wherein by order dated 20.6.2016, cognizance has been taken by the learned Judicial Magistrate 1st Class, Patna under section 420 of the Indian Penal Code. Copies of the petition of complaint case and the order taking cognizance have been brought on record as Annexures-2 and 3 to the petition. It is thus submitted that in view of a criminal case already pending for substantially the same offence, the dispute between the parties being purely a civil dispute relating to arrears of rent and no offence having been made out from reading of the F.I.R., the F.I.R. be quashed and the instant application be allowed.

6. The application is opposed by learned Standing Counsel appearing for the State and learned counsel appearing for the private respondents. It is submitted by learned counsel appearing for the private respondents that the informant (respondent no.2) died during pendency of this application and was substituted vide order dated 7.5.2018. Counter-affidavits have been filed on behalf of the substituted private respondents in both the applications. The case of the private respondents was that prayer for quashing of the F.I.R. is premature as the investigation is still going on. It