JUDGMENT : 1. This application has been filed for quashing of the Complaint Case No. 823 of 2016 in which cognizance has been taken by learned Chief Judicial Magistrate, Katihar under Section 418 of the Indian Penal Code. 2. The basic accusation against the complainant is that complainant requisitioned for supply of pair of electrical shoes on telephone and on that basis deposited Rs. 8250/-on 04.03.2016 in the account of petitioner, but petitioner’s company neither supplied the said pair of electrical shoes nor refunded the amount paid by the complainant and thus, cheated the complainant. 3. It is submitted on behalf of petitioner that at the relevant time petitioner was General Manager of KRM Corporation. The said company is a manufacturer, distributor and supplier of various good and in the instant case the goods in question (electric shoes) was required to be obtained from a different company. It is next submitted that the electrical pair of shoes was required to be supplied by 18.03.2016 and when the same could not be supplied within time, the order was cancelled by the complainant and demanded to refund the amount which was deposited against the said goods. Pursuant to the demand of the complainant, petitioner refunded a sum of Rs. 8750/- on 17.08.2016 (i.e. Rs. 500/-in addition to the money received). It is further submitted that the company of the petitioner was not the manufacturer of the goods in question and the same was to be supplied by another company, therefore, the delivery of goods was not made in time. The delay was not intentional and moreover, the amount which has been received has already been refunded to the complainant, as such, the continuation of proceeding would be abuse of the process of law. 4. Counsel for informant does not dispute the contention made on behalf of petitioner. 5. Considering the aforementioned facts and circumstances of this case, in my view, the continuance of criminal proceeding would amount to futile exercise and as such is abuse of the process of court, hence the impugned order dated 30.07.2016 is hereby quashed, and accordingly, this quashing petition stands allowed.