IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. Nos.15199 & 15499, both of 2005 1. LIOYDS FINANCE LTD. THROUGH ITS MANAGING DIRECTOR, NAMELY, PANKAJ DESAI @ PANKAJ R. DESAI SON OF SRI RATILAL DESARI, II FLOOR, VIRAJ IMPEX HOUSE-47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI-400 009. 2. PANKAJ DESAI ALIAS PANKAJ R. DESDARI, SON OF SRI RATILAL DESAI, MANAGING DIRECTOR, LLOYDS FIANCE LTD., II-FLOOR, VIRAJ IMPEX HOUSE-47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI-400 009. 3. MUKESH R. GUPTA ALIAS MUKESH GUPTA SON OF LATE RAJ NARAYAN GUPTA, MANAGING DIRECTOR, LLOYDS FIANCE LTD., II-FLOOR, VIRAJ IMPEX HOUSE-47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI-400 009. 4. VIJAY KUMAR SINGH SON OF LATE DAMODAR SINGH, BRANCH MANAGER, LLOYDS FINANCE LIMITED, 1ST FLOOR, III JAGAT TRADE CENTER, FRASER ROAD, PATNA. --PETITIONERS (In both cases ) Versus 1. THE STATE OF BIHAR 2. KUMAR PRASHANT SON OF SRI DEVENDRA PRASAD R/O 1-PARGATI PATH, WEST BORING CANAL ROAD, PATNA. --OPP.PARTY (In Cr.Misc. no.15199 /2005) 1. THE STATE OF BIHAR, 2. DEVEMDRA PRASAD SINGH, S/O LATE BALBHADRA PRASAD, R/O 1-PARGATI PATH, WEST BORING CANAL ROAD,PATNA --OPP.PARTY (In Cr.Misc. no. 15499/2005) ________ For the Petitioners : Mr. Manish Kumar For the State : Mr. Maya Nand Jha,APP 2 For Opp.party No.2 : Mr. Md. Kamaluddin. 8 05.08.2010 Heard learned counsel for the petitioners as well as learned counsel appearing for opposite party no.2 and learned Additional Public Prosecutor for the State in both the cases. Since there is common point involved, both the cases are being disposed of by this order. Cr.Misc. no. 15199 of 2005 has been preferred under section 482 of the Code of Criminal Procedure seeking quashing the order dated 01st April, 2005, passed by Sri Manoj Kumar Singh, Judicial Magistrate, First Class, Patna, in Complaint Case no.82 ( C ) of 2005 taking cognizance for the offences under Sections 406, 420 and 120B of the Indian Penal Code whereas Cr.Misc. no. 15499 of 2005 has been filed for same relief against the order of the same Court on same day passed in Complaint Case no.83 ( C ) of 2005 taking cognizance for the same offences and quashing of entire proceedings. My attention was drawn towards orders dated 28.3.2006 and 19.12.2006 passed in both these cases. This Court showing payment of entire principal amount of Rs.25,000/- (Rupees twenty five thousand) each during both 3 the cases in different installments to opposite party no.2. So far interest against the principal amount is concerned, the learned counsels representing the parties are in agreement that they shall abide by the decisions of Mumbai High court in Company Petition no.1017 of 2002 wherein all such related matters are pending adjudication. In face of the above agreement between the parties and payment of principal amount, no useful purpose shall be served in permitting the Criminal Proceedings before the court below to continue. However, it shall be open to the parties to take recourse of law if directions of the Mumbai High Court in Company Case no.1017 of 2002 is not complied with. With this liberty and observation, the impugned orders and proceedings before the court below are hereby quashed and both these petitions stand disposed of. (Akhilesh Chandra, J.) AAhmad