IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14520 of 2009 SURENDRA PRASAD SON OF GUPTESHWAR PRASAD, RESIDENT OF MOHALLA CHARMOTIA INNAR, P.S. DUMRAON, DISTRICT BUXAR ………. PETITIONER Versus 1. THE STATE OF BIHAR 2. THE UNION OF INDIA, THROUGH THE REGISTRAR OF COMPANIES, BIHAR & JHARKHAND, HAVING ITS OFFICE AT MAURYA COMPLEX, 4TH FLOOR, A BLOCK, DAK BUNGLOW ROAD, PATNA 3. THE THEN MANAGING DIRECTOR OF BOARD OF DIRECTORS, NAMELY SUNIL KUMAR MISHRA, FELIX FINANCE INDIA LIMITED, DUMRAON, P.S. DUMRAON, DISTRICT BUXAR ….. OPPOSITE PARTIES ----------- 7. 20.6.2011 The petitioner seeks quashing of the order dated 22.2.2008 passed in Complaint case No.123(C) of 2008, by which cognizance has been taken by the Presiding Officer, Special Court of Economic Offences, Patna u/s.220(3) of the Companies Act, 1956. The petitioner asserts that he had sent his resignation much before the present occurrence and, therefore, he should not be prosecuted. On the other hand, a counter affidavit has been filed disputing this contention. Thus, the fact on which the argument is based is disputed and it cannot be put to strict proof in this forum. Hence I am not inclined to interfere in the matter. The application is dismissed. Narendra/ ( Anjana Prakash, J. )