ORDER

Heard learned counsel for the petitioner Mr. Gautam Kumar Kejriwal, learned A.P.P. for the State along with learned senior counsel for the O.P. No.2 Mr. Ashok Choudhary.

2. The present application has been filed seeking quashing of the order dated 02.03.1016 passed by the learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Nath Nagar P.S. Case No. 226 of 2012, G.R. No. 3453 of 2012 whereby cognizance has been taken for the offences under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code.

3. The learned counsel for the petitioner at the outset before making submission on merits of the case submits that the Hon’ble Supreme Court in the Case of Bimla Tiwary vs. State of Bihar, SLP (Crl.) No. 834-835 of 2023 has held that “criminal law cannot be used for arm-twisting and money recovery as the recovery of money is essentially within the realm of civil proceeding.” The learned counsel for the petitioner next submits that the aforesaid decision of the Hon’ble Supreme Court is being relied only for the reason that in the nature of allegation and the facts as emerging from the allegations, it would manifest that the present F.I.R is nothing but an