IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32661 of 2006 VINAY KUMAR JHA & ANR Versus STATE OF BIHAR ----------- 8. 7.8.2008. Heard the learned counsel for the petitioners as also the learned A.P.P. for the State. Although notice was issued to O.P. No.2, the complainant, he has chosen not to appear and to contest this application. The petitioners through this application seek the quashing of the order dated 4.7.2006 passed by the learned Ist Additional Sessions Judge, Sitamarhi, in Criminal Revision No.49 of 2005 whereby he has rejected the petition filed by the petitioner for their discharge under Section 227 Cr.P.C. as also the order dated 7.2.2005 passed by Sri A.K. Gupta, the learned Judicial Magistrate, Ist Class, Sitamarhi in G.R. Case No.603 of 2003, whereby cognizance has been taken against them under Section 406 I.P.C. It has been submitted on behalf of the petitioners that the entire amount has been paid by petitioner no.1 and now no due remains as against them. In support of the submission, the learned counsel for the petitioners has drawn my attention to the Annexure-5 which is a certificate dated 16.6.2002 issued by the Bank of Baroda to the effect that now no dues remain with Vinay Kumar Jha, Son of Shyam Nandan Jha of Village-Bhagwanpur, P.S. Bathanaha, District- Sitamarhi as loaned amount under Prime Minister Rojgar Yojana in that Branch had been settled. Since O.P. No.2, the Branch Manager of the Bank has not - 2 - appeared to contest this application, it is difficult to satisfy the bonafide of Annexure-5, the so called certificate. In this view of the matter, the petitioners are directed to appear before the court in seisin of the case and point out the facts mentioned in the certificate (Annexure-5) granted by the Bank itself and in that event the learned Magistrate will take into account the subsequent event and dispose of the application in accordance with law. It goes without saying that if the dues have been paid, no gainful purpose would be served by continuing with the criminal prosecution. With the aforesaid observations, this application is disposed of. P.S. (Abhijit Sinha,J)