IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4569 of 2007 VIVEK SARAF son of Raj Kumar Saraf, resident of Raja Ram Lane, Patnacity, P.S.- Chowk, District Patna .......petitioner Versus 1. STATE OF BIHAR 2. Sheela Devi Sah wife of late Sarwan Kumar Sah, resident of Tarkeshwar Path, Opp, Baidyanath Bhavan, Chiraiyantar, PS Jakkanpur, PO Chiraiyantar, Distt. Patna ........Opp. Parties ----------- 9 05-02-2010 Heard learned counsel for the petitioner and learned counsel for the State. Firstly it was submitted on behalf of the petitioner that this petitioner and his proprietary firm M/s Aditya Paint and Chemicals had taken a loan of Rs. one lac in 2005 is false and in fact the loan had been taken earlier but the same had been repaid and an undated cheque given earlier is being misused by the complainant. However, this court could not go to the extent of holding that the allegation is false at this stage and on that basis interfere with the order of cognizance. Thereafter learned counsel for the petitioner relied upon order sheets of the court of learned S.D.J.M., Patna in the case at hand, i.e., complaint case no. 3579(c)/2005 to show that since January, 2007, i.e., since last three years the complainant has stopped making Pairvi and is not appearing either in person or through advocate but still the learned Magistrate is proceeding with the complaint case causing undue harassment to the petitioner. It was pointed out that in the complaint petition itself petitioner has been described as the proprietor of the proprietary firm who is the other accused. According to petitioner the said 2 firm stands dissolved in the year 2004 and hence there is no justification in waiting for service of summons on such proprietary firm whose proprietor is the petitioner and is already before the court. Considering the aforesaid submission, this court finds some substance in the submission that prolonging the complaint case in absence of complainant for about three years is not proper. Hence, the court below is directed to control its proceeding in better manner and take effective steps to dispose of the complaint case in accordance with law at an early date, preferably, within six months. This application stands disposed of. BKS/- (Shiva Kirti Singh, J.)