Judgment ONKAR NARAIN ASTHANA, J. 1. This is the criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure praying that the order of the Judicial Magistrate, Darbhanga passed in Trial No. 797 of 1990 on 6th September, 1990 to take cognizance and thus to frame charge against the petitioner under Section 420, I. P. C. be quashed. 2. Sri Bimal Kumar Garni brother of Sri N.K. Garni filed criminal complaint in the Court of Chief Judicial Magistrate with the allegations that his brother Dr. N. K. Garni had entrusted the manuscript of his medical book to the petitioner in January, 1988 for publication and after due negotiation and as per settled terms 15% royalty was to be paid to Dr. Garni on the sale of the books and 25 copies of the book were to be given free to Dr. Garni. The book was ultimately printed and published but no money was given to Dr. Garni. The Police Officer investigated the matter, and gave a final report mentioning that it was a civil dispute between the parties. 3. The protest petition was filed by Sri Bimal Kumar Garni and it was transferred by the Chiet Judicial Magistrate along with other records of police investigation to Judicial Magistrate, Darbhanga, where it was entered as C. R. No. 262 of 1989. After recording the statement of Dr. N. K. Gami and other witnesses and after perusing the correspondences between the parties, the Magistrate took cognizance for the offence under Section 420 I. P. C. 4. According to the complainant and his witnesses Sri Bhattacharya did not send royalty amount and also did not send the details of the publications and sale as per terms of the contract in spite of the notice of the Advocate from the side of Dr. N. K. Gami : and thus Dr. Gami was cheated by Sri Bhattacharya. 5. Learned counsel for the petitioner urged that there was no mention of any date of final settlement of terms in the complaint and there was no written agreement/contract said to be entered between the parties. However, in course of statement under Section 200 Cr. P. C. the date of settlement of the terms of agreement is said to be 12th January, 1981. 6. However, in course of statement under Section 200 Cr. P. C. the date of settlement of the terms of agreement is said to be 12th January, 1981. 6. The counsel for the petitioner drew the attention to the admitted correspondence in Annexures 3, 4, 5 and 6, dated 15th March, 1981, 19th March, 1981, 30th March, 1981 8th April, 1981 respectively and urged pointedly that no terms were settled on 12th January, 1981 between the parties. Through Annexure 3, Dr. N. K. Gami inquired from Sri Bhattacharya how much time they will take to publish the book and under what condition they will be publishing his book. Besides it Dr. Gami also inquired what will be the mode of proof-reading. Through Annexure 4 the publisher replied it will take one year to publish the book and Dr. Gami will be getting 10% royalty on his book and that second proof will be sent to Dr. Gami for reading and correcting. Again on 30th March, 1981, through Annexure 5 Dr. Gami requested Sri Bhattacharya that he will be highly obliged if the royalty amount is increased to 15% and he be provided at least 100 copies free (of his printed book). Through Annexure-6 on 8th April, 1981, Bhattacharya informed Dr. Gami that they were sorry to state that it would not be possible to increase the royalty more than 10% and that ten copies of the book will be supplied to him free and if he requires more than that will be debitted in value in his account. 7. Thus, it is clear that the percentage of royalty was not settled between the parties on 12th January, 1981 and on 15%. 8. Thus, there is nothing to show that Sri Bhattachary a deceived Dr. Gami into any belief. On the other hand, Sri Bhattacharya always asserted the fact that 10% royalty will be paid and ten printed copies of the book will be provided free to Dr. Gami. This assertion was made repeatedly by Sri Bhattacharya before the publication of the book. Sri Bhattacharya informed in his letter dated 19th March, 1981 (Annexure-4) that the publication of the book will take one year. The complainant also mentioned in paragraph 4 of the complaint that printing of the book will be done by January, 1982. 9. Thus, there was no false representation on the part of Mr. Bhattacharya to deceive Dr. Gami. Sri Bhattacharya informed in his letter dated 19th March, 1981 (Annexure-4) that the publication of the book will take one year. The complainant also mentioned in paragraph 4 of the complaint that printing of the book will be done by January, 1982. 9. Thus, there was no false representation on the part of Mr. Bhattacharya to deceive Dr. Gami. No element of deception is there and thus no criminal action need be taken against this petitioner H. Bhattacharya alias N. Bhattacharya of Current Books International, Calcutta. 10. This is a civil dispute of claim of royalty amount and the account of sale of books etc. If it is not being settled amicably between the parties Dr. Garni may go to the Civil Court, if advised by his Advocate. 11. This criminal petition is hereby allowed and the order of the Magistrate dated 6th September, 1989 passed in C. R. No. 262 of 1989, Trial No. 797 of 1990 (State versus H. Bhattacharya) under Section 420, I. P. C. and the criminal complaint filed by Sri Bimal Kumar Garni are hereby quashed.