IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4770 of 2005 VIJAY KUMAR SINGH & ORS Versus STATE OF BIHAR & ANR ----------- 10 3.7.2008 Heard learned counsel for the petitioner and learned counsel for the state. No one appears on behalf of opposite party no.2. This application has been filed for quashing the order dated 18.6.2004 passed by learned Sub-divisional Judicial Magistrate, Patna in Complaint case no. 862© of 2004 whereby and whereunder he had taken cognizance against the petitioners under sections 406 and 420 of the Penal Code. There is also prayer for quashing the entire criminal proceeding against the petitioners arising out of the said complaint case. Supplementary affidavit has been filed today on behalf of the petitioners in which it has been mentioned that the amount deposited by the complainant/opposite party no.2 has already been paid to him and a receipt showing full and final payment has been given by opposite party no.2 which is annexure-5 to the affidavit. Learned counsel submitted that in identical complaint case i.e. Cr.Misc.no. 35135/04 and 9481/03 this Court has quashed the criminal proceedings against the employees and manager etc. of the company because the company had paid dues to the depositor. He submitted that since the dues of opposite party no.2 has already 2 been paid and therefore, now no useful purpose would be served for allowing the present criminal prosecution to continue. In the facts and circumstances of the case, this application is allowed and the order of cognizance is hereby quashed. Al (M.Saran,J)