IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9382 of 2009 1. SHIV NANDAN SINGH SON OF AMBIKA SINGH 2. SMT. SHOBHA SINHA W/O SHIV NANDAN SINGH 3. RAJIV KUMAR S/O SRI NAGENDRA SHARMA 4. SANJAY KUMAR S/O SRI NAGENDRA SHARMA 5. SMT. SUMAN SHARMA W/O SRI NAGENDRA SHARMA, ALL RESIDENTS OF MAHESH NAGAR, P.S. PATLIPUTRA, DISTRICT PATNA ….. PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE PUNJAB NATIONAL BANK THROUGH ITS SENIOR MANAGER, S.S.I. BRANCH, BORING ROAD, PATNA …. OPPOSITE PARTIES. ----------- 3. 8.9.2010 The petitioners have sought quashing of the order dated 20.10.2008 by which the Chief Judicial Magistrate, Patna has taken cognizance u/ss.406 and 420/34 I.P.C. in Budha Colony P.S.case No.141 of 2000. The prosecution case is that hypothecated goods of the Bank were sold without permission of the accused persons. The Counsel for the petitioners has submitted that in fact by one time settlement the parties had come to an agreement by which the petitioners, who are loanees and guarantors, have paid the entire amount to the Bank. The Counsel for the Punjab National Bank is present here and he also supports the stand of the petitioners. In view of such, since the entire controversy centred around the non-payment of loan amount, which has already been settled, the application is allowed and the order dated 20.10.2008 passed by the Chief Judicial Magistrate, - 2 - Patna in Budha Colony P.S.case No.141 of 2000 is, hereby, quashed. Narendra/ ( Anjana Prakash, J. )