IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26121 of 2007 Sunil Kumar Jain @ Suneel Jain, Son of Jaswant Ray Jain Partner of M/s North Eastern Carrying Corporation Ltd. Rambag Road, Azad Market, Delhi-110006. -------- Petitioner Versus 1. The State of Bihar. 2. Mahesh Prasad Agrawal, Son of Sri Shankar Prasad Agarwal, Proprietor of M/s tirupati Textiles 291, Itewara P.O. and P.S. Burhanpur, Distt. Khandwa, Madhya Pradesh Permanent of Bhukla Road, Purani Bazar, Muzaffarpur, Present residing at 391 Itwara P.O. and P.S. Burhanpur, Distt. Khandwa, Madhya Pradesh. -------- Opposite Parties ----------- 4 3.8.2009 Heard counsel for the petitioner. Earlier the petitioner had moved this Court against the same order dated 5.6.1998 taking cognizance for an offence under Section 406, 407, 420 & 120(B) of the Indian Penal Code. That application being Cr. Misc. No. 6578 of 1999 was dismissed due to non- compliance of certain order. Thereafter, the petitioner had filed a restoration application being Cr. Misc. No. 6592 of 2007 and on that occasion, this Court had passed an order which reads as follows:- “It appears that the main case was dismissed as back as in February, 2000 due to non-compliance of the court’s order dated 15.2. This petition for restoration has been filed after lapse of seven years. Thus, having regard to the facts 2 and circumstances, I am not inclined to restore the application. The same is hereby dismissed.” Once this position becomes clear that the application of the petitioner against the same order has stood dismissed and there was no liberty given to the petitioner to file a fresh application, the petitioner’s present application is wholly misconceived and accordingly, the same is dismissed. Rsh (Mihir Kumar Jha, J.)