IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.817 of 2007 OM NARAYAN SHARMA & ANR Versus STATE OF BIHAR & ORS ----------- 5 24.2.2009 Heard the learned counsel for the parties. The petitioners have prayed for dropping of the entire proceeding and consequential orders in connection with Complaint Case No.204 C/03 under sections 420 and 138 of the N.I.Act pending before the Judicial Magistrate, Ist Class, Patna. The learned counsel submits that as per direction contained in Annexure-6 of Financial Controller ( Revenue) to the Electrical Superintending Engineer, Electric Supply Circle, PESU ( West), Patna, the petitioner has deposited the entire amount by various cheques. He submits that the clause 4 of the aforesaid letter states that necessary actions may be taken to withdraw the cases against the consumer. The learned counsel submits that despite the petitioners fulfilling the commitments, the respondent Electricity Board has not taken action to withdraw the case pending before the Magistrate. Having heard the learned counsel for the petitioners and J.C. to G.A. no.6, this Court is of the view that it would be open to the petitioners to file appropriate representation in this respect before the competent authority of the Electric Supply Board to take appropriate action in accordance with law in terms of Annexure-6 dated 24.11.2004 bearing Memo No.2145 preferably within a period of two months from the date of receipt of the representation. 2 It will be also open to the petitioner to take his plea before the Magistrate that he has already made all due payments as per direction of the competent authority. With the aforesaid observation and direction this writ application is disposed of. Anilksinha (Samarendra Pratap Singh,J.)