← Library
Patna High CourtCR. MISC./40504/2011allowed

Morepen Labroratories Limited Through Vikash Verma And ORS. v. The State Of Bihar And ANR

2015-03-17Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40504 of 2011 Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA ===========================================================

1. Morepen Labroratories Limited Through Vikash Verma Regd. Office Morepen Village, Malkamazra Nalagarh Road, Near Baddi Distt- Solan Himachal Pradesh, And Its Corporate Office At 4th Floor, Antriksh Bhawan, 22k.G. Marg, New Delhi- 110001 Through Its Authorized Signatory Mr. Vikash Varma, Zonal Manager At Patna.

2. Mr. Sushil Suri, Chairman & Managing Director, C- 40, Anand Niketan, New Delhi.

3. Mr. Manoj Joshi, Director B-6/64, Safdargung, Enclave, New Delhi

4. Mrs. Mamta Suri, Director, C-40, Anand Niketan, New Delhi. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Shri Ambika Prasad Poddar, S/O Late Dwarika Prasad Poddar, R/O Jaiprakash Nagar, P.O- Ashiana Nagar, Patna 800025.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anshuman Singh, Adv. For the State : Ms. Rita Verma, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-03-2015 Heard learned counsel for the Petitioners and the State. The Petitioners seek quashing of the order of cognizance dated 20.1.2005 passed by the Sub Divisional Judicial Magistrate (SDJM), Patna, in Complaint Case No. 3188(C) of 2004. The case of the Complainant is that the accused persons persuaded the Complainant to invest in a certain scheme and on their inducement, he did so. However, on maturity of the scheme, the value of money was not paid to him. Later on, as stated in paragraph-7, the

Patna High Court Cr.Misc. No.40504 of 2011 dt.17-03-2015 2/2 matter was amicably settled on account of which the Complainant filed an application before the Sub Divisional Judicial Magistrate, Patna, for dismissal of the Complaint on 29.12.2005 but till date no order has been passed.

Considering the facts of the case, the application is allowed and the proceeding including the order of cognizance dated 20.1.2005 passed by the Sub Divisional Judicial Magistrate (SDJM), Patna, in Complaint Case No. 3188(C) of 2004 is hereby set aside. (Anjana Prakash, J) S.Ali/- U T