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
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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.)