IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10529 of 2005 LIOYDS FINANCE LTD. THRU. PANKAJ DESAI & ORS Versus STATE OF BIHAR & ANR ----------- 4 3.7.2008 Heard learned counsel for the petitioner and learned counsel for the state. None appears on behalf of opposite party no.2. This application has been filed for quashing the order dated 23.11.04 passed by Shri Manoj Kumar Singh, Judicial Magistrate, 1st Class, Patna in Complaint Case no. 519© of 2004 whereby and whereunder he had taken cognizance against the petitioners under sections 406, 420 and 120B of the Penal Code. Shortly stated the case of the complainant/opposite party no.2 is that on 14.8.2006 he deposited Rs. 20,000/- in fixed deposit money doubler plus scheme of accused company for 60 months. After maturity the complainant/opposite party no.2 deposited fully discharged fixed deposit receipt and asked for payment but the amount was not paid. In this way the company cheated the complainant/opposite party no.2. Learned counsel appearing on behalf of the petitioners referred to supplementary affidavit filed on their behalf and submitted that the entire due amount of opposite party no.2 has been paid to him and now nothing remains to be paid. In this connection he referred to annexure-11 to the supplementary affidavit. He submitted that since the entire payment has been made to opposite party no.2 and therefore, no useful purpose would be served by 2 allowing this criminal prosecution to continue against the petitioners. This court finds substance in the argument of learned counsel. In the facts and circumstances of the case, this application is allowed and the impugned order of cognizance dated 23.11.2004 as against the petitioners is hereby quashed. Al (M.Saran,J)