IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9878 of 2007 ***** Dr. Prakash Chandra Pandey, son of Sri Bacha Pandey, resident of 301, Durga Apartment, near Rajdhani Apartment, Mahesh Nagar, P.S. Patliputra, Dsitrict-Patna. …. …. Petitioner Versus 1. The State of Bihar. 2. Chief Manager, State Bank of India (Personal Banking Branch) (incorporated under State Bank of India Act, 1955) at Sahdeo Mahto Marg, S.K.Puri, Police Station S.K.Puri, District-Patna. …. …. Opposite parties ----------- 7. 15.4.2009. Heard learned counsel for the petitioner, learned counsel representing opposite party no.2, State Bank of India and the learned A.P.P. for the State. Petitioner wants the order of cognizance dated 28.9.2004 to be quashed, which is Complaint Case No. 886(C)/2004. The complaint came to be filed by the State Bank of India, P.B. branch in the background that a cheque issued by the petitioner for a sum of Rs.10,000/-, which was supposed to be E.M.I. payment, under a housing loan account of Rs.3,00,000/- had bounced on the ground of insufficient fund. Learned counsel for the petitioner submits that the moment the above fact came to his knowledge, he took steps that this amount is paid and credited to the loan account of the branch on 14.9.2005, a fact not denied by the opposite parties. The petitioner further submits that he is cautious in regular payments of the housing loan amount and there is no default in payment of loan thereafter till date. If the prosecution is allowed it will only lead to harassment and abuse of the process of Court more so when there is/was no intent to avoid liability of outstanding dues against respondent Bank. - 2 - Keeping the above fact, the amount involved, the conduct of the petitioner in making repayment and also keeping the loan account up to date. No purpose would be served by prosecuting the petitioner specially when the primary object to procure the payment has been achieved. The quashing application is allowed. The order taking cognizance dated 28.9.2004 in Complaint Case No. 886(C)/2004 pending in the Court of Miss Saroj Kumari, Judicial Magistrate, Ist Class, Patna or such successive Court is quashed. Pawan/- (Ajay Kumar Tripathi, J.)