IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20749 of 2006 1. LLOYDS FINANCE LIMITED, THROUGH its Managing Director, namely, Pankaj Desai, son of Shri Ratilal Desai II Floor, Viraj Implex House 47, P.D. Mellow Road, P.S. Masjid Bander, Mumbai-400009. 2. Pankaj Desai @ Pankaj R. Desai, son of Shri Ratilal Desai II Floor, Viraj Implex House 47, P.D. Mellow Road, P.S. Masjid Bander, Mumbai-400009. 3. Vijay Kumar Singh @ Bijay Singh, son of late Damodar Singh, Branch Manager, Lloyds Finance Limited, 1st Floor, 111 Jagat Trade Centre, Frazer Road, Patna. Versus 1. THE STATE OF BIHAR 2. Bijay Kumar Gupta, son of late Laxmi Prasad, Guardian of Smt. Rakhi Gupta, resident of Goinia House, P.S. Pirbahore, Ashok Rajpath, Town and District Patna-800001 (Complainant). . . . . . Opposite parties. ----------- 3 19.03.2010 Heard learned counsel for the petitioners and the State. The petitioners pray for quashing the order dated 05.12.2003 passed in Complaint Case no. 1936 C of 2003, whereby cognizance has been taken under Sections 406 and 420 of the I.P.C. Opposite party no.2, Vijay Kumar Gupta, filed a Complaint case stating that the maturity value of the amount deposited by him was not refunded by the accused company. Counsel for the petitioners submits that a compromise has been arrived at between the parties and the complainant has received the maturity amount to his full satisfaction. Despite notice no one appeared for opposite party no.2. In view of own memorandum of understanding filed by the opposite party no.2 that he had received money to his full satisfaction, the continuance of criminal proceeding would be an abuse of process of Code and as such I quash the criminal prosecution against the - 2 - petitioners in connection with Complaint case no. 1936 C of 2003 pending in the court of Judicial Magistrate, 1st Class, Patna. This application is, accordingly, allowed. Uday/ (Samarendra Pratap Singh, J.)