IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12680 of 2007 1. LLOYDS FINANCE LTD.THROUGH ITS MANAGING DIRECTOR, NAMELY, PANKAJ DESAI, SON OF SHRI RATILAL DESAI II FLOOR, VIRAJ IMPLES HOUSE 47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI- 400009. 1. MUKESH R. GUPTA ALIAS MUKESH GUPTA, SON OF RAJ NARAYAN GUPTA, EX-MANAGING DIRECTOR, LLOYDS FINANCE LIMITED, II FLOOR, VIAJ IMPLEX HOUSE 47, P.D. MELLOW ROAD, P.S.MASJID BANDER, MUMBAI- 400009. 2. VIJAY KUMAR SINGH, SON OF LATE DAMODAR SINGH, BRANCH MANAGER, LLOYDS FINANCE LIMITED 1ST FLOOR, III JAGAT TRADE CENTRE, FRAZER ROAD , PATNA ; PETITONERS. Versus 1. STATE OF BIHAR 2. ASHOK KUMAR SINHA, SON OF NAME NOT KNOWN TO THE PETITONERS, RESIDENT OF B-6, PRACHI KANISHKA APARTMENT, BAZAR SAMITTEE ROAD, BHADADURPUR, P.S. KADAMKUAN, TOWN AND DISTRICT PATNA; OPPOSITE PARTIES. ----------- 6 17.10.2008 This application under Section482 of the Code of Criminal Procedure has been filed to quash the order of taking cognizance dated 29.12.2005 including the entire criminal proceeding passed by Sri Bharat Tiwari, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2762 © / 2003 thereby cognizance under Sections 406 and 420 has been taken against the petitioners. Heard learned counsel for both parties. It is submitted by learned counsel for the petitioners that the entire amount has already been paid to opposite party no.2 and in token thereof the opposite party no.2 has executed a receipt showing settlement of full and final claim (Annexure-12). It is further submitted that in view of the facts and circumstances opposite party no.2 is not interested to pursue the criminal proceeding against the petitioners. - 2 - Having regard to the facts and circumstances as well as in view of annexure-12 this application is allowed and the impugned order taking cognizance dated 29.12.2005 including the entire criminal proceeding is hereby quashed. B.Jha (Ghanshyam Prasad)