IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.53595 of 2007 RAJAN NANDA, son of Late H. P. Nanda, Escorts Finance Ltd., N-6, Pratap Building, Cannaught Circus, New Delhi ...Petitioner Versus 1. THE STATE OF BIHAR 2. Rajan Kumar Mukherjee, s/o Late Sukhendu Mukherjee, resident of C/o Saroj Electricals , P.S. Kankerbagh, District- Patna … Opposite Parties ----------- 4/ 07.05.2010 No one appears. This application has been filed for quashing the order dated 10.8.2006 passed by the Sub-Divisional Judicial Magistrate, Patna, in Complaint Case no.1236 © of 2006 by which he has rejected the application of the petitioner filed under section 205 Cr. P. C. and also for quashing of the order dated 20.2.2007 passed by the Additional Sessions Judge-cum- Fast Track Court No. II, Patna, who upheld the order vide Cr. Revision No. 922 of 2006/ 49 of 2007. The prosecution case is that the complainant had deposited a sum of rupees forty-two thousand in the FD scheme of the company, but despite several reminders to the company even on maturity he did not receive the money due to him. The petitioner is the Chairman of Escorts Finance Company and it is evident from the very nomenclature of his position that he has nothing to do with the day to day affairs of the company and he has been roped in this case only by virtue of his position in the company and has no personal stake in the matter. Moreover, the petitioner resides in New Delhi and no useful purpose will be fulfilled even if the petitioner is personally present in the court on each date nor will his absence cause prejudice to the complainant in any way. The petitioner - 2 - undertakes to be present on the date fixed by the court and will not default in doing so. In view of such when the identity of the petitioner is not disputed, I am inclined to allow this application. Accordingly, the order dated 10.8.2006 passed by the Sub-Divisional Judicial Magistrate, Patna, in Complaint Case no.1236 © of 2006, and the order dated 20.2.2007 passed by the Additional Sessions Judge-cum- Fast Track Court No. II, Patna, in Cr. Revision No. 922 of 2006/ 49 of 2007 is hereby quashed. However, it is made clear that the petitioner will present himself on the date he is required to do so by the court below. Application stands allowed. JA/- (Anjana Prakash, J.)