IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21785 of 2008 Vinod Prasad Kakkar, S/o Late Vishwanath Prasad Kakar, R/v- Bank More Shastri Nagar Dhanbad, P.S. Dhanbad, Distt- Dhanbad and Proprietor of M/s Vishal Enterprises Shastri Nagar, Dhanbad- 826001. Versus 1. The State Of Bihar. 2. M/s. Candela Enterprises Private Limited, through its Director Sri Subir Kumar Banerjee, Lav-Kush Tower, Exhibition Road, Patna. ----------- 4 20.07.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. This application has been filed for quashing the order of cognizance dated27.02.2001 passed by Judicial Magistrate, Ist Class, Patna in Complaint Case No. 116 (c) of 2001 for the offence under Section 420 of the Indian Penal Code and 138 of the Negotiable Instrument Act. The petitioner has produced a draft bearing no. 745013027581 of Rs. 3,20,298.40/- ( Three Lac twenty thousand two hundred ninety eight and forty paise only) in the name of M/s Candela Enterprises Private Limited. In view of the fact that the amount i.e. payment to the company is being paid through a draft and being handed over to the learned counsel for the Company- Opposite Party No.2. This court finds that nothing remains in the aforesaid case. As a result, the order of cognizance dated 27.02.2001 passed by the Judicial Magistrate, Ist Class, Patna in Complaint Case No. 116 C of 2001 is quashed. This application is allowed. Md. Ibrarul ( Sheema Ali Khan,J.)