IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49492 of 2006 MUKESH R.GUPTA @ MUKESH GUPTA & ORS. Versus STATE OF BIHAR & ANR ----------- 4. 20.8.2008. Heard Sri Ganesh Prasad Singh, Senior Advocate, the learned counsel for the petitioners and Mr. Jharkhandi Upadhayay, the learned A.P.P. for the State. Although notice was issued to the complainant-opposite party no.2 and was validly served upon him yet he has chosen not to appear and to contest this application. The petitioner nos.1 and 2, happen to be the Managing Director and Ex-Director of M/s. Lloyds Finance Limited and petitioner no.3 happens to be the Ex-Director of M/s. Lloyds Housing Finance Limited and they have prayed for the quashing of the order dated 31.1.2001 passed by Sri Arun Kumar Srivastava, the learned Judicial Magistrate, First Class, Patna, in Complaint Case No.2064(C) of 2000, whereby he has taken cognizance under Sections 420, 406 and 120-B I.P.C. It has been submitted by the learned counsel for the petitioners that this matter has already been settled and decided by an order of this Court dated 19.4.2006 passed in Criminal Misc. No.23763 of 2004 whereby the said application was allowed and the proceeding of Complaint Case aforesaid , so far as the petitioners of that case were concerned, was quashed. The petitioners of this case are equally and similarly placed and in that view of the matter, they deserve same relief. 2 Accordingly, this application is allowed and the order taking cognizance is hereby quashed. P.S. (Abhijit Sinha,J)