ORDER : Heard Mr. P.C. Sinha, learned counsel appearing for the petitioner and Mr. P.K. Sinha, learned counsel appearing for the opposite party no. 2. 2. In this application the petitioner has prayed for quashing of the entire criminal proceeding in connection with T.R. No. 640 of 2008 arising out of Complaint Case No. 833 of 2000 including the order dated 15.03.2004 passed by the learned Judicial Magistrate, 1st Class, Hazaribagh by which cognizance has been taken against the petitioner for the offence punishable u/s 420 of the Indian Penal Code. 3. The complaint petition which has been lodged by the opposite party no. 2 speaks that an amount of Rs. 20,000/- was given as loan to the petitioner by the opposite party no. 2 but since the same was not returned within the time as was promised by the petitioner the Complaint Case was instituted. Upon conducting an inquiry u/s 202 of the Cr.P.C. and by examining the complainant on solemn affirmation as well as the witnesses cognizance was taken for the offence punishable u/s 420 of the Indian Penal Code. It has been submitted by the learned counsel for the petitioner that the allegation made in the Complaint Petition do not make out an offence of cheating. It has also been submitted that the complainant if at all aggrieved has an alternative remedy for recovery of the amount of Rs. 20,000/-. Learned counsel therefore submits that in view of the nature of allegation the entire criminal proceeding as against the petitioner deserves to be quashed and set aside. 4. Mr. P.K. Sinha, learned counsel appearing on behalf of the opposite party no. 2, at the outset has submitted that the case records had disappeared from the court and no progress has been made in the case since last 12 years and ultimately the record was traced out and steps for securing the attendance of the petitioner has been taken. As regards the merit of the case it has been submitted that the petitioner had given a receipt showing an amount of Rs. 20,000/- having been received by him and non returning of the same shows the dishonest intention on the part of the petitioner. 5. From the Complaint Petition it appears that an amount of Rs. As regards the merit of the case it has been submitted that the petitioner had given a receipt showing an amount of Rs. 20,000/- having been received by him and non returning of the same shows the dishonest intention on the part of the petitioner. 5. From the Complaint Petition it appears that an amount of Rs. 20,000/- was handed over to the petitioner on 21.11.1998 and the petitioner is said to have promised to return the said amount within January, 1999. It appears that since the petitioner did not return the said amount within the time promised by him therefore the Complaint Petition was lodged in the year 2000. The purport and tenure of the Complaint Petition does suggest that the allegation basically revolves around the monetary transaction in the shape of a loan which was given to the petitioner by the opposite party no. 2. The allegation therefore cannot by any stretch of imagination invite criminal consequences as at best the same may involve civil consequences. In such circumstance, therefore the Complaint Petition being devoid of any criminal element so as to prosecute the petitioner deserves to be quashed and set aside. Accordingly, in view of what has stated above, this application is allowed and the entire criminal proceedings in connection with T.R. No. 640 of 2008 arising out of Complaint Case No. 833 of 2000 including the order dated 15.03.2004 passed by the learned Judicial Magistrate, 1st Class, Hazaribagh by which cognizance has been taken against the petitioner for the offence punishable u/s 420 of the Indian Penal Code is hereby quashed and set aside. 6. This application stands disposed of.