IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1778 of 2011 R.K. GUPTA Versus THE STATE OF BIHAR AND ANR. 2 19.01.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application seeking restoration of Cr.Misc. no. 16255 of 2009 dismissed for non-prosecution of order dated 10.11.2010. The said application was preferred seeking quashing of order dated 17.01.2009 passed in Complaint Case no. 833 of 2007 by Sri Vidya Prasad, Judicial Magistrate, first class, Bhagalpur, taking cognizance under section 138 of Negotiable Instrument Act. After some arguments learned counsel for the petitioner seeks permission to withdraw this application with a liberty to agitate all his points including period of limitation as well as non-joinder of the Company at appropriate stage before the trial court preferably at the time of hearing on the point of charge, if trial is yet to commence. Permission is granted. 2 The application stands disposed of with the above liberty. (Akhilesh Chandra, J.) AAhmad