GAUTAM MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR . Misc. No. 34226 of 2006 has been preferred by the petitioners for quashing of order dated

(2.) 7.2005 passed by the learned Chief Judicial Magistrate. Patna in Complaint Case No. 1752 (M) of 2005, wherein cognizance has been taken for offences under Sections 406, 409 and 420, IPC and Section 138, N.I. Act. Cr. Misc. No. 34326 of 2006 has been preferred by the petitioners for quashing of order dated 10.6.2005 passed by the learned Chief Judicial Magistrate, Patna in Complaint Case No. 1478 (M) of 2005, whereby cognizance has been taken under similar sections. Cr. Misc. No. 34334 of 2006 has been preferred by the petitioners for quashing of order dated 21.6.2005 passed by the learned Chief Judicial Magistrate, Patna in Complaint Case No. 1593 (M) of 2005, whereby cognizance has been taken under the same sections and Cr. Misc. 34331 of 2006 has been preferred by the petitioners for quashing of order dated 21.12.2004 passed by the learned Chief Judicial Magistrate, Patna in Complaint Case No. 3462 (M) of 2004, whereby cognizance has been taken under Sections 403, 406, 409, 420, 425, 379, 504 and 120-B, IPC. 2. All these cases have been taken up together since the parties to the litigation are the same and the nature of offences also are the same and having been heard together are being disposed of by this common order.

(3.) THE learned Counsel for the petitioners has referred to Annexures 2 and 2/1 in all the 4 cases which are two letters written by O.P. No. 2 to its lawyer Mr. Amit Srivastava, requesting him to withdraw the cases since M/s. Fusion Engineers Product Limited and its Directors (petitioners) had paid the term loan under OTS 2004 along with interest and legal charges and no dues certificates had been issued by O.P. No. 2. The subject matter of the letters were the withdrawal of complaint case Nos. 1478 of 2005, 1593 of 2005, 1725 of 2005 and 3462 of 2005.