JUDGMENT :

Rajeev Ranjan Prasad, J.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant-opposite party no. 2.

2. The petitioner in this case is seeking setting aside of the order dated 24.02.2014 passed by learned Chief Judicial Magistrate, Nalanda, Bihar Sharif in Complaint Case No. 936 (C) of 2013 for the offences under Sections 420, 406, 323, 34 of the Indian Penal Code.

3. The complainant-opposite party no. 2 filed a complaint case in the court of learned Chief Judicial Magistrate, Nalanda against the sole accused-petitioner who is a resident of the State of West Bengal having his permanent address as that of the State of Jharkhand.

4. From a bare reading of the complaint petition, it would appear that admittedly the complainant and the petitioner were good friends and they were residing together at one stage. The case of the complainant is that this petitioner had suffered loss in business and with an intention to help his friend, the complainant arranged a sum of Rs.1,50,000/-through his cousin brother, namely, Madal Lal Gupta. The financial condition of the petitioner improved whereafter he started a company, namely, “Shiv