IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23039 of 1998 1. M/S L.I.C.MUTUAL FUND through its Chief Executive, Sri R. S. Sharma, Industrial Assurance Building, 4th floor Opposite Church Gate, Bombay 2. M/s M. M. Destur & Co. Motylya Centra, Plot No. 249, Senapati Bagpat Marg, Lower Parel (W) Bombay through Manager (R & T) Services, Sri Sadashiv V. Shetty ... .... petitioners Versus 1. POONAM SAHAY wife of Shri Siyawar Saran Sahay, resident of 119, Ashiana Nagar, Phase No.4, Patna 2. The State of Bihar ... .... opposite parties ----------- 8 19-04-2010 Heard learned counsel for the petitioners. Inspite of notice nobody appears on behalf of complainant, Opposite Party no.1. Petitioners in this case are one M/s L.I.C. Mutual Fund and another is a company involved with maintaining the accounts etc. of petitioner No.1. They have prayed for quashing of entire proceeding of complaint case No. 812(c)/96 leading to Trial No. 1166/98 pending before the Judicial Magistrate, Ist Class, Patna and also the order of cognizance passed in that case on 16.8.1996. It has been submitted on behalf of the petitioners that inspite of notice the complainant has chosen not to appear and contest and she has stopped appearing even in the court below because subsequently on her furnishing the required indemnity bond the petitioners have paid her the entire amount for which her earlier cheque was lost during transit. It has been submitted that there was no criminal intention on the part of accused persons and accidentally the earlier cheque was lost in transit and after filing of the complaint case the petitioners have met the demand of the complainant and 2 she has been paid the amount in question. Considering the entire facts and circumstances, the prayer made in this application is allowed because the allegations in substance do not amount to any criminal offence and allowing the proceeding in question to continue would be an abuse of the process of the court. As a result the entire proceeding of the complaint case no. 812(c)/96, Trial No. 1166/98 pending before Judicial Magistrate, Ist Class, Patna including the order of cognizance are hereby quashed. BKS/- (Shiva Kirti Singh, J.)