IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36100 of 2005 1. Lloyds Finance Limited, through its Managing Director, namely Pankaj Desai, S/o Sri Ratilal Desai, II Floor, Viraj Implex House 47, P.D. Mellow Road, P.S. Masjid Bander, Mumbai – 400009 2. Mukesh R. Gupta, alias Mukesh Gupta, Son of Late Raj Narayan Gupta, Ex- Managing Director, Llyods Finance Limited, II Floor, Viraj Implex House 47, P.D. Mellow Road, P.S. Masjid Bander, Mumbai – 400009 3. Vijay Kumar Singh alias Bijay Singh, Son of Late Damodar Singh, Branch Manager, Lloyds Finance Limited, 1st Floor, III Jagat Trade Centre, Frazer Road, Patna …. Petitioners Versus 1. The State of Bihar 2. Lalan Prasad, Son of Late Bhuneshwari Prasad, R/o NY 15 New Yarpur Raod, P.S. Gardanibagh, Town and District Patna at present residing at Referral Hospital, Sahpurpatti, District Bhojpur …. Opposite Parties . ------ For the Petitioners : Mr. Manish Kumar, Advocate For the State : Mr. J. Upadhayay, A.P.P. For O.P. No. 2 : Mr. B.P.Thakur, Advocate. O R D E R 6 24.2.2009 This application by Lloyds Finance Ltd., through its Managing Director and some of its officials who along with others have been impleaded as accused in Complaint Case No. 1713 (C) of 2005, is for the quashing of the order dated 31.08.2005 passed by Sri Bharat Tiwary, Judicial Magistrate, First Class, Patna, whereby he has taken cognizance against the petitioners and others under sections 406 and 420 IPC . An additional prayer has been made for the quashing of the - 2 - entire proceedings arising from the said complaint petition. A supplementary affidavit has been filed by the petitioners pleading inter alia that the entire amount due to the complainant, impleaded herein as O.P. No. 2, has already been paid to him in full and final settlement of all his dues and in token thereof a receipt showing full and final payment has been given by him, a photocopy whereof has been appended to the supplementary affidavit as Annexure 11. Mr. B.P. Thakur, the learned counsel for O.P. no. 2 submits in court that his client has received all payments in full and final settlement of his outstanding dues and all his grievances now remain settled. In view of what has been stated above and in the facts and circumstances of the case, the entire criminal proceeding including the impugned order taking cognizance is hereby quashed and the application is allowed. Spd/- (Abhijit Sinha, J.)