IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31433 of 2007 1. M/S BATA INDIA LIMITED THRU. Its Unit Manager-cum-General Manager viz. Ram Chandran Jayaprakash son of R. Ramchandran Nair Bataganj Factory, P. O.- Bataganj, P. S.- Digha, District- Patna-18. 2. Murari Mukherjee s/o late D. N. Mukharjee, Personnel Manager, M/s Bataganj Factory, P. O.- Bataganj, P. S.Digha, District Patna. … Petitioners Versus 1. STATE OF BIHAR 2. Arun Chandra Pathak, son of Sri D. N. Pathak, Ex. Assistant Manager, Bata India Ltd. residing at c/o Sri B. P. Mishra, 92-SBI Colony, P. O. & P. S. Digha, District Patna permanent resident of village & P. S. Sinhat, District Nadia (Kolkata) West Bengal. …. Opposite parties. ----------- 8. 01.12.2009. Heard counsel for the petitioners and counsel for opposite party no.2. In this application though the prayer was for quashing the entire criminal proceeding including the order taking cognizance dated 29.3.2007 for offence under Section 323,504, 403 and 418 of the Indian Penal Code arising out of Complaint Case No. 26661(C)/2006 (Tr. No. 2952/06), the parties had ultimately agreed that the issue relating to payment of post-retiral benefit was the real cause of action for the complainant, opposite party no.2 to file such complaint. Mr. Chandrashekhar, learned senior counsel appearing for the petitioner M/s Bata India Limited having used his good office has 2 been able to now get the ice broken by ensuring payment of admissible amount to opposite party no. 2 through three cheques namely Cheque No. 003580 dated 24.11.09 (Rs.155,445.58), Cheque No. 178385 dated 30.11.2009 (Rs.12828/-) and Cheque No. 545295 dated 23.11.2009 (Rs.12,16,917.14) which have already been handed over to the counsel for opposite party no. 2. Counsel for the opposite party no. 2, has a further grievance and resultant apprehension that whatever steps the authorities of M/s Bata India Limited had to take for ensuring payment of monthly pension to the opposite party no. 2 has not been taken as yet. In this respect, Mr. Chandrashekar would submit that petitioner M/s Bata India Limited or its employees is not required to pay monthly pension amount rather it is the authorities of Employees Provident Fund who have to pay the same in which Bata India Limited has only a limited role to recommend and such recommendation will be made and necessary formalities would be completed within four weeks of 3 receipt/production of a copy of this order. Recording the aforementioned submissions of the parties, this court would find that now the continuation of prosecution against the petitioners and other co-accused persons in the facts and circumstances of this case would amount to clear abuse of process of court and accordingly the entire criminal proceeding including impugned order taking cognizance is hereby quashed. kanchan (Mihir Kumar Jha, J.)