Farouq Haider @ Farough Haider v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12297 of 2018 Arising Out of PS. Case No.-788 Year-2008 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Farouq Haider @ Farough Haider S/o Late Shamim Haider, R/o 405 Sharf Apartment , Frazar Road, P.S.- Kotwali, District- Patna. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

The Branch Manager, Punjab National Bank, Chowk Branch, Patna City, P.S.- Chowk, District- Patna.

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-01-2024

1. Heard learned counsel for the petitioner, learned APP for the State and Mr. Raj Nandan Prasad, learned counsel appearing for the Punjab National Bank.

2. The learned counsel appearing for the Punjab National Bank, at the outset, submits that the entire loan amount has been cleared by the petitioner, as such nothing remains to be paid. It is also submitted that Bank will have no objection in the event, if the present quashing application is allowed and the order impugned dated 25.11.2008 passed by Mr. P.K. Sinha, learned Judicial Magistrate, 1st Class, Patna City in Complaint Case No. 788 of 2008, Tr. No. 954 of 2008 whereby cognizance of offence punishable under Section 420 of the IPC read with

Patna High Court CR. MISC. No.12297 of 2018(3) dt.09-01-2024 2/2 Section 138 of the NI Act is quashed.

3. The learned counsel for the petitioner also submits that the entire dues of the bank has been cleared.

4. Considering the submission made by the learned counsel for the O.P. No. 2, the order dated 25.11.2008 passed by Mr. P.K. Sinha, learned Judicial Magistrate, 1st Class, Patna City in Complaint Case No. 788 of 2008, Tr. No. 954 of 2008 whereby cognizance of offence under Section 420 of the IPC read with Section 138 of the NI Act has been taken, is hereby quashed.

5. Accordingly, the present quashing application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T