IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.52341 of 2007 PARTHA SARKAR, son of late A. S. Sarkar, Escorts Finance Ltd., N-6, Pratap Building, Cannaught Place, New Delhi ...Petitioner Versus 1. THE STATE OF BIHAR & 2. Raghvendra Nath Tiwary, s/o Late Jitendra Nath Tiwary, resident of MIG-H, Kankarbagh Colony, P.S. Kankerbagh, District- Patna …Opposite Parties ----------- 5/ 02.04.2010 Counter affidavit has been filed by the opposite party no.2. Let it be kept with the record. The petitioner is aggrieved by the order dated 1.5.2006 passed by Sri S. K. Mishra, Judicial Magistrate, 1st Class, Patna, in Complaint Case no. 2793 © of 2005, rejecting the application filed under section 205 Cr. P.C. and also the order dated 6.2.2007 passed by the Additional Sessions Judge-cum- Fast Track Court No. V, in Cr. Revision No.711 of 2006, dismissing the revision and upholding the order passed by the Judicial Magistrate 1st class, Patna. The complainant’s case is that the petitioner being the Managing Director of Escorts Financial Ltd. had committed breach of trust and, therefore, the company with its employees was liable for prosecution under sections 406, 420, 468 and 120-B Indian Penal Code. The admitted position is that the petitioner is a busy executive posted at New Delhi and has been roped in the present case only on account of his office in the company. He has no say in the matter personally. Also there is no dispute with regard to the identity of the present petitioner in the present case. - 2 - In view of such, this application is allowed and the order dated 1.5.2006 passed by Sri S. K. Mishra, Judicial Magistrate, 1st Class, Patna, in Complaint Case no. 2793 © of 2005, and the resultant order dated 6.2.2007 passed in Cr. Revision No.711 of 2006 by the Additional Sessions Judge-cum- Fast Track Court No. V, Patna, are hereby set aside and the application filed under section205 Cr. P.C. by the petitioner is allowed on the condition that the petitioner will give undertaking before the court below that he will present himself before the court as and when required to do so by the court concerned. The application stands allowed. JA/- (Anjana Prakash, J.)