High Court Patna High Court - Orders

Lioyds Finance Limited Thru. … vs State Of Bihar &Amp; Anr on 4 July, 2008

Patna High Court – Orders
Lioyds Finance Limited Thru. … vs State Of Bihar &Amp; Anr on 4 July, 2008
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr.Misc. No.15775 of 2005
           LIOYDS FINANCE LIMITED THRU. PANKAJ DESAI & ORS
                                   Versus
                         STATE OF BIHAR & ANR
                                  -----------

9 4 July 2008 Heard learned counsel for the petitioner, learned APP

on behalf of the State and learned counsel for the O.P. No.2.

Learned counsel submitted that entire dues of O. P.

no.2 has been paid. In this connection he referred to annexure-11 to

the supplementary affidavit filed on behalf of the petitioners. Learned

counsel for the O. P. no.2 concedes that what is mentioned in

annexure-11 is true. Learned counsel for the petitioners further

submitted that in identical case, that is, Cr. Misc. no. 35135/04 this

court has quashed the criminal prosecution against the Company and

its employees because the company had paid the dues to the depositor

who was complainant in that case. He submitted that in face of the

above payment now no useful purpose would be served by allowing

the present criminal prosecution to continue against the petitioners.

This application is, accordingly, allowed and

impugned order of cognizance dated 29.3.05 passed in complaint case

no. 555 C/04 against the petitioners by Shri Manoj Kumar Singh,

Judicial Magistrate, 1st class, Patna is hereby quashed.

BKS                                                      (M. Saran,J.)