IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16995 of 2005 1. LIOYDS FINANCE LTD. THROUGH ITS MANAGING DIRECTOR NAMELY PANKAJ DESARI SON OF SRI RATILAL DESARI,II FLOOR, VIRAJ IMPLEX HOUSE-47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI-400009 2. PAMKAJ DESARI SON OF SRI RATILAL DESARI, MANAGING DIRECTOR , LLOYDS FINANCE LTD., II FLOOR , VIRAJ IMPEX HOUSE, 47 , P.D. MELLOW ROAD, P.S.ASJID BANDER, MUMBAI- 400009. 3. VIJAY KUMAR SINGH SON OF LATE DAMODAR SINGH, BRANCH MANAGER, LLOYDS FINANCE LIMITED 1ST FLOOR, III JAGAT TRADE CENTRE, FRAZER ROAD, PATNA; PETITONERS. Versus 1. STATE OF BIHAR 2. ISHWAR CHANDRA VERMA, RESIDENT OF 2 – LAL BAHADUR SHASHTRIMARG, NORTH SRI KRISHNA PURI, P.S. SHRI KRISHNA PURI, DISTRICT- PATNA; OPPOSITE PARTIES. ----------- 6 17.10.2008 This application under Section 482 of the Code of Criminal Procedure has been filed to quash the order taking cognizance dated 14.3.2005 including the entire criminal proceeding being complaint case no. 2297 © of 2004 pending in the court of Sri Sudhir Kumar Sinha Judicial Magistrate, 1st Class, Patna. Heard learned counsel for the petitioners. No-one appears on behalf of opposite party no.2. It is submitted by the learned counsel for the petitioners that the entire principal amount has already been returned to opposite party no.2 and in token of that opposite party no.2 has also executed a receipt of full and final settlement (annexure-11). It is further submitted that now opposite party no.2 is not interested to pursue the case. It is also submitted that the petitioners are ready to pay interest amount as and wh3en directed by Bombay High Court where the Company Petition is pending. - 2 - Considered the submission of learned counsel for the petitioners as well as annexure-11, the receipt of full and final settlement executed by opposite party no.2. Having regard to the facts and circumstances of the case, no useful purpose will be served by allowing the prosecution to continue against the petitioners. Accordingly, this application is allowed. The impugned order taking cognizance dated 14.3.2005 along with entire criminal proceeding is hereby quashed. However, the opposite party no.2 shall be at liberty to move the appropriate authority for realization of interest amount, if any, payable to him. B.Jha (Ghanshyam Prasad)