IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12427 of 2007 LLOYDS FINANCE LTD. THRU. PANKAJ DESAI & ORS Versus STATE OF BIHAR & ANR ----------- 14. 03.09.08. This modification application has been filed for modifying the order dated 11.1.2007 passed in Cr. Misc. No. 49863 of 2006. Heard learned counsel for the petitioners and learned counsel for the other side. It has been submitted that cognizance order dated 19.12.05 passed in Complaint Case No. 1633C/2005 pending in the court of Shri Bharat Tiwary, Judicial Magistrate Ist Class, Patna, was challenged in Cr. Misc. No. 49863/2006 as also in Cr. Misc. No. 2114/2006 whereby vide Order No.2, dated 19.7.2006, further proceeding in Complaint Case No. 1633C/2005 pending in the said court has been stayed. The fact which was perhaps, not in the notice of the petitioner Nand Lal Singh in Cr. Misc. No. 49863/2006 as such, such order dated 11.01.2007 is said to have been passed. Learned counsel for the opposite party has also been heard and in all fairness has submitted that he was not aware of passing such order dated 19.7.2006 in Cr. Misc. No. 2114/2006 for the reason that at that time he was not in receipt of any notice in that case and so such submission was made on his behalf. In the facts and circumstances, the order dated 11.01.2007 passed in Cr. Misc. No. 49863 of 2006 is modified to the extent that - 2 - the further proceeding in Complaint Case No. 1633C/2005 shall remain stayed till next date of hearing. Accordingly, the modification application is allowed. m.p. (Subash Chandra Jha,J.)