IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24355 of 2009 1. VIAKSH S.KASLIWAL, SON OF SRI SHAMBHU PRASAD 2. SUJIT BURMAN @ SUJEET VERMAN, SON OF LATE AJIT VERMAN BOTH, R/O “AVADH” AVADHESH PARISAR, G.K. MARG, WORLI, MUMBAI – 400 018. --------PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BINOD KUMAR, SON OF LATE JHABARMAL JAIPURIYA, R/O B- 33, GEETANJALI APARTMENT, P.S. – SHASTRI NAGAR, DISTT. PATNA. ---- OPPOSITE PARTIES. ----------- 2. 05.10.2010 Heard the parties. The petitioners have submitted that now since the matter related to financial dispute between the parties, the same has been settled with a due Memorandum of Understanding which has been annexed as Annexure-2 in the present application. The prayer of the petitioners, therefore, is to quash the order dated 18.1.2005 passed in Complaint Case No. 1824(C) of 2004 by Judicial Magistrate, 1st Class, Patna, by which he has taken cognizance under Sections 406, 420 and 120B of the Indian Penal Code. Since issuing notice to the Opposite Party No. 2 will only delay the disposal of the present case, the application is allowed subject to the condition that the Complainant shall be noticed by the court below and in case he fails to appear for the next three consecutive dates after receipt of the notice, the entire proceeding of Complaint Case No. 1243(c) of 2003 pending before the Judicial Magistrate, 1st Class, Patna, shall 2 stand quashed. The application is disposed of on the terms noted above. S.Ali ( Anjana Prakash, J.)