IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3722 of 2005 PANKAJ DESAI, Son of S/o Sri Ratilal Desai, Managing Director, Lloyds Finance Limited, II Floor, 601 Raheja Centre, P.S. Naariman Point, , Mumbai ……. Petitioner Versus 1. THE STATE OF BIHAR 2. Molan Prasad Singh, Son of Shri Kapildeo Narayan Singh, R/o Qr. No. 290, Nehru Nagar, P.S. Patliputra, District Panta (Complainant) …. Opp. Parties ----------- Cr.Misc. No.11168 of 2005 1. Lloyds Finance Limited, through its Managing Director, namely Pankaj Desai alias Pankaj R. Desai S/o Sri Ratilal Desai, II Floor, Viraj Impex House 47, P.D. Mellow Road, P.S. Masjid Bander, Mumbai – 400009 2. Pankaj Desai alias Pankaj R. Desai M.D. Lloyds Finance Limited, II Floor, Viraj Impex House 47, P.D. Mellow Road, P.S. Masjid Bander, Mumbai – 400009 3. Mukesh R. Gupta, Son of Late Raj Narayan Gupta, Llyods Finance Limited, II Floor, Viraj Impex House 47, P.D. Mellow Road, P.S. Masjid Bander, Mumbai – 400009 4. Vijay Kumar Singh , Son of Late Damodar Singh, Branch Manager, Lloyds Finance Limited, 1st Floor, III Jagat Trade Centre, Frazer Road, Patna …. Petitioners Versus 1. STATE OF BIHAR 2. Sri Prem Kumar Son of Late Jai Bahadur Chaudhary, R/o Sardar Patel Colony, Sadakat Ashram, Patna. ……. Opp. Parties. ----------- For the Petitioners : Mr. Manish Kumar, Advocate For the State : Mr. J. Upadhayay, A.P.P. For O.P. No. 2 : Mr. B.P.Thakur, Advocate. ------ O R D E R 6 28.2.2009 Both these cases though arising out of different complaint cases have been taken up together and are being disposed of by a common order since the point of law involved in both cases are the same and the petitioners in both cases are either the Company or the officers - 2 - thereof and as such are being disposed of by this common order. In Cr. Misc. No. 3722 of 2005 the petitioner happens to be the Managing Director of Lloyds Finance Limited (hereinafter referred to as “Company”) and he has been arrayed as accused along with others in Complaint Case No. 2455 (C) of 2003 wherein cognizance has been taken by Sri Raj Kishore Rai, J.M. 1st Class, Patna, under sections 406 , 420 and 120B IPC. In Cr. Misc. No. 11168 of 2005 the petitioners Lloyds Finance Limited (hereinafter referred to as “Company”) and its officers belonging to the managerial cadre have been arrayed as accused in Complaint Case No. 860(C) of 2004 wherein cognizance has been taken by the learned Sub Divisional Judicial Magistrate, Patna, under sections 406 and 420 IPC. A common prayer for quashing the entire proceedings in both the cases have been made. The complainant in both the cases had duly been served with notice but it is only in Cr. Misc. No. 11168 of 2005 that the complainant has appeared by filing vakalatnama. It has been submitted but the learned counsel for the petitioners in both the cases that all the out standing dues of the complainant in both the cases have been paid in full and final settlement and the complainants in both the cases have issued receipt showing payment money by the Company of all their out standing dues in full and final settlement thereof. Since the grievance of the complainants in both the cases stand fully satisfied no gainful purpose would be served by keeping - 3 - these applications pending any further. In that view of the matter the impugned orders as also the entire proceeding arising out of Complaint Case No. 2455 (C) of 2003 and Complaint Case No. 860 (C) of 2004 are hereby quashed . In the result both these applications are allowed. Spd/- (Abhijit Sinha, J.)