IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10680 of 2005 SUDIP ROY, Son of Shri R.Roy, the Regional Manager,Tata Finance Ltd., Apeejay House, 8th Floor, Block –B, 15 Park Street, P.S. Park Street, Kolkata( W.B.)------------------ Petitioner Versus 1. THE STATE OF BIHAR 2. Raj Kumar Sinha, Son of Late Braj Nandan Singh, resident of Chandpura- Chakmakrand, P.O. Chandpura, P.S. Bidupur, District-Vaishali. --------------- Opp.Parties. ----------- For the petitioner : M/S Akhileshwar Pd.Singh, and V.K.Tripathy, Advocates For the State : Mr.Jharkhandi Upadhaya, A.P.P ------------- O R D E R 3 27-02-2009 The petitioner herein, who at the relevant time was the Regional Manager of Tata Finance Ltd.( hereinafter referred to as “the T.F.L.”) and has been arrayed as one of the accused in Complaint Case no.1517 of 2003, has prayed for the quashing of the complaint case including the order dated 13.2.2004 passed therein by Sri S.K.Jha, Judicial Magistrate, Vaishali at Hajipur, whereby he has taken cognizance of offences under Section 405,420,467,468/120B I.P.C. against the accused named therein including the petitioner. This application can be disposed of at the stage of admission itself and that too without issuing notice to the complainant-Opp.Party no.2 in view of the order dated 4.7.2007 passed in Cr.Misc.No.10631 of 2005, preferred by one of the co- accused of the instant complaint case. In that case notice had been duly served on the complainant-Opp.party no.2 but he chose not to appear and contest the case. After hearing the submissions advanced - 2 - by the learned counsel for the petitioner and the learned A.P.P. a bench of this Court came to the conclusion that since Opp.Party no.2 had already compromised the matter and had filed a compromise petition in the trial court, the continuance of the instant criminal proceeding would be a total abuse of the process of the court and accordingly quashed the entire criminal proceeding as also the impugned order taking cognizance. Since the entire criminal proceeding including the order taking cognizance already stands quashed, nothing now remains to be agitated and no fresh order is required to be passed in this case which for all practical purposes remains covered by the order dated 4.7.2007 passed in Cr.Misc.No.10631 of 2006. In the result, this application is allowed. ( Abhijit Sinha, J ) NKS/-