IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45163 of 2008 M/S Zenith Credit Ltd., 19, R.N.Mukherjee Road, Kolkata through o ne of its Directors, Dua Lal Baldwa – Petitioner. Versus 1. State Of Bihar 2. Rajesh Kumar, son of Shri Krishna Nandan Prasad, resident of Mohalla Prabhu Thakur, Ward No. 9, Insite Rosara town, PS Rosara, Dist. Samastipur – Opp. Parties. 3 4.8.2011 HeardMr. S.D. Sanjay, counsel fro the petitioner, Mr.Hriday Prasad, A.P.P. representing the State and Mr.Ashok Kumar Mishra, counsel for opposite party no.2. This application has been filed for quashing the order, dated 16.7.2008 passed in Complaint Case No. 663/2007 by the Judicial Magistrate, 1st Class, Rosara, Samastipur by which cognizance has been taken for the offences under sections 420 and 406 of the Penal Code. The facts made out in the First Information Report are that Vijay Kumar Yadav had purchased Bolero car from the petitioner company. Subsequently he sold the vehicle to the complainant on the basis of the fact that the complainant had written a letter to the company regarding this fact which was not answered by the company. As far as the petitioner company is concerned, no case is made out under sections 420 and 406 of the Penal Code. Opposite party no.2 does not seriously oppose the application for quashing filed by the company. In the circumstances this court finds that the petitioner is not responsible either for cheating the complainant or for 2 misappropriating any money or any other documents which belong to the complainant. I accordingly quash the order impugned and this application is allowed so far as the petitioner company is concerned. haque ( Sheema Ali Khan, J.)