IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17879 of 2007 1. PANKAJ DESAI @ PANKAJ R.DESAI, SON OF SHRI RATILAL DESAI, II FLOOR, VIRAJ IMPEX, HOUSE NO. 47, P.D. MELLOW ROAD, P.S.- MASJID BANDER, MUMBAI-400009. 2. VIJAY KUMAR SINGH, SON OF LATE DAMODAR SINGH, BRANCH MANAGER, LLOYDS FINANCE LIMITED, 103, R.P. TOWER, FRAZER ROAD, P.S.- KOTWALI, TOWN AND DISTRICT- PATNA. 3. RAJENDRA A. SAH, SON OF SHRI AMBA LAL SAH, VIRAJ IMPEX, HOUSE NO. 47, P.D. MELLOW ROAD, P.S.- MASJID BANDER, MUMBAI-400009. 4. T.N. PANDEY, SON OF N. PANDEY, VIRAJ IMPEX, HOUSE NO. 47, P.D. MELLOW ROAD, P.S.- MASJID BANDER, MUMBAI-400009 Versus 1. THE STATE OF BIHAR 2. ASHOK KUMAR SARAF, SON OF MOHAN LAL SARAF, RESIDENT OF SIMRI SADAN, JAGAT NARAIN ROAD, PATNA- 800003. For the petitioners : Mr. Ganesh Prasad Singh, Sr. Advocate Mr. Manish Kumar no. 2, Advocate For the State : Mr. Braj Kishore Prasad, APP ----------- 10 05.08.2010 Heard learned counsel for the petitioners and learned counsel for O.P. no. 2. Present is an application challenging the entire criminal proceeding arising out of Complaint Case no. 528C/2003 including the order dated 20.11.2005/21.11.2005 passed by learned Judicial Magistrate, 1st Class, Patna in the aforesaid case whereby cognizance has been taken under diverse sections of Indian Penal Code including Section 420IPC. It appears that on account of default in making payment to the depositors, several complaints were filed against M/S Lloyds Finance Ltd. and its officers. Petitioners herein are the officers of the said finance company. According to the complainant, he had deposited certain amount in the scheme of 2 the company of which the petitioners herein were managers/employees. Such payments were made on the representation that the money so invested/deposited shall be doubled after 58 months. It is the case of the complainant that after their maturity, the amount was not paid. Learned counsel for the petitioners submits that the company has paid the amount to the complainant. Supplementary affidavit has been filed today placing on record the receipt (Annexure-12) wherein the following statements have been made: “That above payment I am receiving as full and final payment against fixed deposit receipt no. 0696026573, 0696026574, 0696031032, 0696025457, 0696026569, 0696030956, 0696026671, 0696030962, 0696031009, 0696031011, 0696025515. for Rs. 99,000/- and I further confirm that there is no dues or claim or whatsoever nature pending against LLOYDS FINANCE LIMITED from me. That is view of the above I undertake to withdrawn the pending complaint no. 528(C) of 2003 from the Court of Sri C.K. Tiwari, JM Ist Class, Patna without any additional cost or claim from M/S LLOYDS FINANCE LIMITED or their office bearers.” Learned counsel for the petitioners submits that in several matters arising out of identical orders passed by the learned Magistrate, the proceeding has been quashed taking into consideration the aforesaid submissions/facts. Learned counsel handed in copies of two orders passed in Cr. Misc. no. 35135 of 2004 (Mukesh Gupta & Ors versus The State of Bihar & Anr.) and Cr Misc. no. 12920 of 2004 (Vijay Kumar Singh versus The State of Bihar & Ors). Those 3 orders are placed on record marked “X” and “X/1” respectively. It is thus contended that the continuance of the present proceeding shall be sheer abuse of the process of the Court. Learned counsel appearing on behalf of the O.P. no. 2 admits before this Court that he has already received due amount and that he is no longer interested in prosecuting the present criminal proceeding. Consequently in exercise of my power under Section 482 Cr.P.C., I hereby quash the entire criminal proceeding arising out of Complaint Case no. 528(C)/2003 including the order dated 20.11.2005/21.11.2005. The application is allowed. pkj ( Kishore K. Mandal, J. )