SUSHIL CHANDRA VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as Shri Girjesh Kumar, learned counsel appearing on behalf of opposite party no.2-Bihar State Financial Corporation (complainant).

(2.) The aforesaid petitions were filed with a prayer to quash entire prosecution arising out of Complaint Case No.1313 (M) of 1996 as well as order dated 28.10.1996 in Complaint Case No.1313 (M) of 1996 passed by Shri Prabhaker Dubey, Chief Judicial Magistrate, Patna. By the said order, the learned Magistrate has taken cognizance of offence under Sections 406, 408, 420, 120/34 of the Indian Penal Code. Learned counsel appearing on behalf of opposite party no.2-complainant (B.S.F.C) submits that during the pendency of the complaint petition, the entire dues has already been cleared by the accused persons and as such the opposite party no.2 does not want to pursue the case.

(3.) In view of the stand taken by the opposite party no.2, it would not be appropriate to allow the proceeding before the court below to further proceed.