IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4580 of 2010 1. PRADHAN JWALA PRASAD, SON OF LATE PRADHAN SURYAVARTI PRASAD JEEVAK HEART HOSPITAL AND RESEARCH INSTITUTE (P) LTD., 6, DOCTORS COLONY, KANKARBAGH, P.S. KANKARBAGH, TOWN AND DISTRICT PATNA. 2. DR. NARENDRA PRASAD, SON OF LATE MEDNI PRASAD JEEVAK HEART HOSPITAL AND RESEARCH INSTITUTE (P) LTD., 6, DOCTORS COLONY, KANKARBAGH, P.S. KANKARBAGH, TOWN AND DISTRICT PATNA. ---- ACCUSED/PETITIONERS Versus 1. THE STATE OF BIHAR 2. SHIV RAJ PRASAD SINGH, SON OF LATE GANESH PRASAD SINHA, RESIDENT OF RAJENDRA NAGAR, ROAD NO. 1, OPPOSITE WATER TOWER, P.S. KADAMKUAN, TOWN AND DISTRICT PATNA. ---- COMPLAINANT/OPPOSITE PATY ----------- 5 11.5.2010 Counsel for the petitioners informs this Court that petitioner no. 1 had died. The application as far as petitioner no. 1 is concerned is dismissed as withdrawn. Petitioner no. 2 is one of the Directors of Jeevak Heart Hospital and Research Institute (P) Ltd. The opposite party is a share holder who had invested Rs. 5,00,000/- and purchased shares of the said Hospital in the year 1999. The main complaint of the opposite party no. 2 is that ever since he had purchased the shares, he had not got any dividend and the Hospital in question showed itself to be running in loss. It is alleged that the Directors of the Hospital were siphoning the profits and were not giving dividend to opposite party no. 2. The present application has been filed for quashing of the order of cognizance under Sections 406 and 420 of the Indian Penal Code. The question whether hospital was running at a loss or profit cannot decided in this proceeding. Nevertheless, in order to end 2 the dispute, the parties have agreed and have returned the original share documents in lieu of which the petitioner has issued a Cheque numbered as “703324” A/c payee in favour of Shiv Raj Prasad Singh dated 1.5.2010. In any event, since the offences are compoundable, the petitioner and the opposite party no. 2 have agreed not to pursue Complaint Case No. 3188(C) of 2008 any further and have settled the matter by exchange of the Cheque and the original share documents. In the result, the order dated 11.2.2009, passed in Complaint Case No. 3188(C) of 2008 is quashed. This application is allowed. Sanjay (Sheema Ali Khan, J.)