IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24229 of 2009
1. S KUMAR ONLINE LIMITED THROUGH ITS AUTHORIZED
SIGNATORY SUJIT BURMAN, SON OF LATE AJIT BURMAN.
2. VIAKS KASLIWAL, SON OF SRI SHAMBHU KUMAR
BOTH RESIDENT OF "AWADH" AVADHESH PARISAR, G.K. MARG,
WORLI, MUMBAI - 400 018.
------ PETITIONERS.
Versus
1. THE STATE OF BIHAR
2. SANJAY KUMAR PRASAD (MANAGER INCHARGE), SON OF
MURARILAL, C/O S.S. MARKETING (P) LTD., LAWLY'S
BUILDING, EXHIBITION ROAD, P.S. GANDHI MAIDAN, DISTT.
PATNA (BIHAR)
------ OPPOSITE PARTIES.
-----------
2. 05.10.2010 Heard the parties.
The petitioners have submitted that now, since the
matter related to financial dispute between the parties, the
same has been settled with a due Memorandum of
Understanding which has been annexed as Annexure-2 in the
present application. The prayer of the petitioners, therefore, is
to quash the order dated 17.3.2004 passed in Complaint Case
No. 1243(C) of 2003 by Judicial Magistrate, 1st Class, Patna, by
which he has taken cognizance under Sections 417 and 418 of
the Indian Penal Code.
Since issuing notice to the Opposite Party No. 2 will
only delay the disposal of the present case, the application is
allowed subject to the condition that the Complainant shall be
noticed by the court below and in case he fails to appear for the
next three consecutive dates after receipt of the notice, the
entire proceeding of Complaint Case No. 1243(c) of 2003
pending before the Judicial Magistrate, 1st Class, Patna, shall
2
stand quashed.
The application is disposed of on the terms noted
above.
( Anjana Prakash, J.)
S.Ali