IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44594 of 2008 1. Ravi Jhunjhunwala, Son of Shri L.N. Jhunjhunwala, Resident of S-535, Greater Kailash-II, PS Greater Kailash-II, New Delhi. 2. Shankar Agarwal, Son of Sri S.N. Agarwal, Resident of S-466, Greater Kailash-II, PS Greater Kailash-II, New Delhi. 3. O.P. Ajemera, Son of Shri R.D. Ajemera, Resident of C-6/8, Modal Town, PS Model Town, Delhi – 110 009 ---- Petitioners Versus 1. The State Of Bihar. 2. Superintendent of Police, Patna. 3. Praveen Kumar, Son of Shri Tara Nand Sinha, Prop. Kashyap Traders, Boring Road Chauraha, PS S.K. Puri, District Patna – 800001. --- Opposite Parties. ----------- 3 2.8.2011 In this matter notices were issued to the opposite party no. 3, however, nobody has appeared on his behalf. This application has been filed for quashing the Complaint Case numbered as 1050(C) of 2005 as well as the order dated 23.8.2005 taking cognizance under Sections 406 and 420 of the Indian Penal Code. The complaint case was filed against the Company and its Directors including petitioner no. 3 who is supposed to be a Director although it is submitted that he is not even an employee of the said M/s. Maral Fashions. The order taking cognizance i.e. 23.8.2005 against the Company was challenged by filing Cr. Misc. No. 8023 of 2006. The order of cognizance was quashed on 30.11.2006 on two grounds. Firstly, on the ground that no offence is made out under Sections 406 and 420 of the Indian Penal Code and secondly on the ground that the complaint case has been filed in order to take revenge from the Company and its Directors. Considering that the case against the Company already stands quashed by order dated 30.11.2006, passed in Cr. Misc. No. 2 8023 of 2006, I find that nothing remains to be adjudicated in this matter as this case would be covered by the order passed in Cr. Misc. No. 8023 of 2006. In the result, the order dated 23.8.2005 passed by the Judicial Magistrate, 1st Class, Patna is quashed. This application is allowed. Sanjay (Sheema Ali Khan, J.)