Patna High CourtCR. MISC./48302/2012allowed

Sanjiv Rai And ANR. v. State Of Bihar And ANR

2015-08-17Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48302 of 2012 Arising Out of PS.Case No. -908 Year- 2009 Thana -null District- - ===========================================================

1. Sanjiv Rai S/O Late Shivendra Prasad Rai, Managing Director, Ornate Labs Pvt. Ltd. Bela Industrial Estate, P.S.- Bela, District- Muzaffarpur

2. B.K. Thakur @ Binod Kumar Thakur S/O Late Rameshwar Thakur, Director, Ornate Labs Pvt. Ltd. Bela Industrial Estate, P.S.- Bela, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Smt. Soni Shrivastava, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-08-2015 The Petitioners seek quashing of the order of cognizance dated 18.11.2010 passed by the Judicial Magistrate, 1st class, Muzaffarpur in Complaint case No.908 of 2009. The case of the Complainant is that whereas he is the Proprietor of M/s Ganpati Medicine Centre, the Petitioner No.1 is the Managing Director and Petitioner No.2 is the Director of M/s Ornate Lab Pvt. Ltd., with whom he was doing business. In course of the same, the Petitioners in their official capacity issued two cheques which were dishonoured. It is then that the present Complaint was instituted.

It has been submitted on behalf of the Petitioners that

Patna High Court Cr.Misc. No.48302 of 2012 dt.17-08-2015 2/2 even conceding the allegations since the Company has not been made an accused, the present Complaint is not worth proceeding. On the last occasion notices had been issued to the Opposite Party No.2 but none appears on his behalf. Having considered the aforesaid submission, the application is allowed without prejudice to any party and the proceeding including the order of cognizance dated 18.11.2010 passed by the Judicial Magistrate, 1st class, Muzaffarpur in Complaint case No.908 of 2009 is hereby set aside.

(Anjana Prakash, J) Narendra/- U T