High CourtsSingle Bench(2011) 05 PAT CK 0081

Mr. G.C. Garg Managing Director Lioyds Finance Limited vs The State of Bihar and Md. Mumtaz Alam

Patna High Court · Decided on 19 May 2011

HON’BLE JUDGES
Sheema Ali Khan, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellanious No. 29525 of 2000

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Judgment

4 paragraphs · 232 words

Sheema Ali Khan, J.—This application has been filed for quashing the order dated 22.5.2000, passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1269(c) of 1999 by which the Court has taken cognizance against the Managing Director of Lioyda Finance Limited under Sections 406 and 420 of the Indian Penal Code.

2.

According to the complaint case the complainant had deposited a sum of Rs. 14,000/- in the scheme of Lioyda Finance Limited in which the Petitioner was the Managing Director. The transaction took place in Patna. Subsequently the complainant has been paid a sum of Rs. 14,000/- A compromise petition was also filed in the Court below which has been signed by both the counsels in view of the fact that in similar cases i.e. Cr. Misc. No. 12920 of 2004, disposed of on 17.2.2006, Cr. Misc. No. 35135 of 2004 and Cr. Misc. No. 35165 of 2004, this Court has passed an order quashing the proceeding even though the complainant despite several notices has not appeared in the Court on the ground that the statements made in the application are not rebutted.

3.

I accordingly, on the basis of the aforesaid facts and the orders passed by this Court in similar matters quash the order dated 22.5.2000, passed by the Judicial Magistrate, 1st class, Patna in Complaint Case No. 12969(c) of 1999.

4.

This application is allowed.