IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1565 of 2008 SECRETARY M/S MONDKAR COMPUTERS PRIVATE LTD.& ANR Versus THE STATE OF BIHAR & ANR ----------- 5 26.4.2010 Heard counsel for the petitioner and the State as well as counsel appearing on behalf of Opposite party no.2. The petitioners pray for quashing the order taking cognizance dated 19.2.2000, passed by the Judicial Magistrate Ist Class, Patna in Complaint Case No.1194C/99 under sections 406, 420 of the Penal Code against the petitioners. Learned counsel for the petitioners submit that the entire amount of Rs.75,000/- towards refund of full application money has been paid to the complainant. He further submits that earlier one T.R. Chandra Mohan Nair in the capacity of Executive Vice President of petitioner no.1 filed a petition for quashing the prosecution arising out of Complaint Case No.1194©/1999 vide Cr.Misc.No.2163 of 2006. The complainant appeared in the case and on receiving the full application money of Rs.75,000/- desired not to intend to pursue his criminal complaint and accordingly this court by order dated 28.3.2007 quashed the criminal prosecution, as against the petitioner. In view of the aforesaid facts, this court finds that no useful purpose would be served in allowing the prosecution to continue and as such criminal prosecution as against the petitioners are hereby quashed. It is made clear that the application money has been 2 KHAN refunded to the complainant belatedly and as such the petitioners can claim interest/compensation. The quashing of this application would not come in the way of the complainant in seeking such other remedy for interest/compensation for the delayed refund of his application money. In the result, this application is allowed to the extent indicated above. (S.P.Singh,J)