LLOYDS FINANCE LTD v. PHARMACY

1. THE STATE OF BIHAR. 2. SURENDRA KUMAR, SON OF SHRI SHEONANDAN PRASAD SINGH, RESIDENT OF MOHAN INDUSTRY LANE, NAYA TOLA, SERISTABAD, PATNA-800001. ……………………………………………………………………OPPOSITE PARTIES. ----------- With

1. LLOYDS FINANCE LIMITED, THROUGH ITS MANAGING DIRECTOR, NAMELY, PANKAJ DESAI, SON OF SHRI RATILAL DESAI, II FLOOR, VIRAJ Cr.Misc. No.20880 of 2006 - 2 - IMPLEX HOUSE 47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI- 400009.

2. MUKESH R. GUPTA ALIAS MUKESH GUPTA, SON OF LATE RAJ NARAYAN GUPTA, EX-MANAGING DIRECTOR, LLOYDS FINANCE LIMITED, II- FLOOR, VIRAJ IMPLEX HOUSE-47, P.D. MELLOW ROAD, MASJID BANDER, MUMBAI-400009.

3. PANKAJ DESAI @ PANKAJ GOSAI @ PANKAJ R. DESAI, SON OF SHRI RATILAL DESAI, MANAGING DIRECTOR, LLOYDS FINANCE LIMITED, II- FLOOR, VIRAJ IMPLEX, HOUSE 47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI-400009.

4. RAJESH R. GUPTA, SON OF LATE RAJ NARAYAN GUPTA, EX-DIRECTOR, LLOYDS FINANCE LIMITED, II-FLOOR, VIRAJ IMPLEX , HOUSE-47, P.D. MELLOW ROAD, MASJID BANDER, MUMBAI-400009.

5. VIJAY KUMAR SINGH, SON OF LATE DAMODAR SINGH, BRANCH MANAGER, LLOYDS FINANCE LIMITED, IST FLOOR, 111 JAGAT TRADE CENTRE, FRAZER ROAD, PATNA. …………………………………………………………………………….PETITIONERS. Versus

1. THE STATE OF BIHAR. 2. MR. AFTAB AHMAD ALIAS AFTAB JAVED, SON OF JANAB AHSANUDDIN AHMAD, RESIDENT 2 SHARIF COLONY, P.S. PIRBAHORE, TOWN AND DISTRICT-PATNA-800006. …………………………………………………………………….OPPOSITE PARTIES. ----------- With Cr.Misc. No.29363 of 2006

1. LLOYDS FINANCE LTD. THROUGH ITS MANAGING DIRECOTR, NAMELY PANKAJ DESAI, SON OF SH. RATILAL DESAI, REGD. OFFICE-II FLOOR, VIRAJ IMPLEX HOUSE 47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI-400009.

2. PANKAJ DESAI @ PANKAJ R. DESAI, SON OF SHRI RATILAL DESAI, LLOYDS FINANCE LIMITED, II FLOOR, VIRAJ IMPLEX, HOUSE 47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI-400009.

3. MUKESH GUPTA ALIAS MUKESH R. GUPTA, SON OF LATE RAJ NARAYAN GUPTA, EX-MANAGING DIRECTOR, LLOYDS FINANCE LIMITED, II FLOOR, VIRAJ IMPLEX, HOUSE 47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI-400009.

4. RAJESH K. GUPTA ALIAS RAJESH R. GUPTA, SON OF LATE RAJ NARAYAN GUPTA, EX-MANAGING DIRECTOR, LLOYDS FINANCE LIMITED, II FLOOR VIRAJ IMPLEX HOUSE, 47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI-400009.

5. VIJAY KUMAR SINGH @ BIJAY KUMAR SINGH, SON OF LATE DAMODAR SINGH, BRANCH MANAGER, LLOYDS FINANCE LIMITED, 1ST FLOOR, III JAGAT TRADE CENTRE, FRAZER ROAD, PATNA. ……………………………………………………………………………..PETITIONERS.

1. THE STATE OF BIHAR. 2. RAGHU BIR SINGH, SON OF LATE KESHWAR SINGH, SARASWATI NIKUNG, Versus ROAD NO.14, EAST ASHOK NAGAR, KANKARBAGH, PATNA-800020. ……………………………………………………………………OPPOSITE PARTIES. ----------- - 3 - With Cr.Misc. No.49270 of 2006

1. LLOYDS FINANCE LIMITED, THROUGH ITS MANAGING DIRECTOR, NAMELY, PANKAJ DESAI, SON OF RATILAL DESAI, II FLOOR, VIRAJ IMPLEX, HOUSE-47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI- 400009.

2. MUKESH R. GUPTA ALIAS MUKESH GUPTA, SON OF RAJ NARAYAN GUPTA, EX-MANAGING DIRECTOR, LLOYDS FINANCE LTD., II FLOOR, VIRAJ IMPLEX, HOUSE-47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI-400009.

3. RAJESH R. GUPTA, SON OF LATE RAJ NARAYAN GUPTA, EX-DIRECTOR, LLOYDS FINANCE LIMITED, II-FLOOR, VIRAJ IMPLEX, HOUSE-47, P.D. MELLOW ROAD, MASJID BANDER, MUMBAI-400009. ……………………………………………………………………………..PETITIONERS.

1. THE STATE OF BIHAR. 2. RATNESH KUMAR SINGH, SON OF SHRI SHYAM BEHARI SINGH. 3. SANGEETA SINGH, WIFE OF RATNESH KUMAR SINGH. Versus BOTH RESIDENT OF PRASHYA SADAN, RIDING ROAD, SHEIKHPURA, P.S. SHASTRINAGAR, DISTRICT-PATNA. ……………………………………………………………………..OPPOSITE PARTIES. ----------- With

1. MUKESH R.GUPTA ‘CHAIRMAN’ LLOYDS FINANCE LIMITED, 3 RAHOGE Cr.Misc. No.33605 of 2004 CENTRE, GROUND FLOOR, NARIMAN POINT, MUMBAI-400021.

2. VIJAY KUMAR SINGH ‘BRANCH MANAGER’ LLOYDS FINANCE LIMITED 111-JAGAT TRADE CENTRE, FIRST FLOOR, FRASER ROAD, P.S. KOTWALI, PATNA. …………………………………………………………………………….PETITIONERS. Versus

1. THE STATE OF BIHAR. 2. SUSHIL KUMAR SINGH, SON OF LATE BADRI NARAIN SINGH, R/O ‘NISHANT’ ROAD NO.1E/100, NEW PATLIPUTRA COLONY, P.S. PATLIPUTRA, DISTRICT-PATNA. …………………………………………………………………….OPPOSITE PARTIES. ----------- With Cr.Misc. No.23027 of 2005

1. LLOYDS FINANCE LTD. THROUGH ITS MANAGING DIRECTOR, NAMELY, PANKAJ DESAI, SON OF SHRI RATILAL DESAI, II FLOOR, VIRAJ IMPLEX, HOUSE-47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI-400009. 2. PANKAJ DESAI @ PANKAJ R. DESAI, SON OF SHRI RATILAL DESAI, MANAGING DIRECTOR, LLOYDS FINANCE LIMITED, II-FLOOR, VIRAJ IMPLEX, HOUSE 47, P.D. MELLOW ROAD, P.S. MASJID BANDER, MUMBAI- 400009. - 4 -

3. MUKESH R. GUPTA ALIAS MUKESH GUPTA, SON OF LATE RAJ NARAYAN GUPTA, EX-MANAGING DIRECTOR, LLOYDS FINANCE LIMITED, II FLOOR, VIRAJ IMPLEX, HOUSE-47, P.D. MELLOW ROAD, MASJID BANDER, MUMBAI-400009.

4. VIJAY KUMAR SINGH, SON OF LATE DAMODAR SINGH, BRANCH MANAGER, LLOYDS FINANCE LIMITED, IST FLOOR, III JAGAT TRADE CENTRE, FRAZER ROAD, PATNA. …………………………………………………………………………….PETITIONERS. Versus

1. THE STATE OF BIHAR. 2. MR. RAMENDRA KUMAR PANDEY, SON OF SRI RAM NATH PANDEY, RESIDENT OF P-169 P.C. COLONY, KANKARBAGH, P.S. KANKARBAGH, PATNA. ……………………………………………………………………..OPPOSITE PARTIES. For the Petitioners For the State : Mr. Manish Kumar, Advocate(in all the cases). : Mr. Jharkhandi Upadhyay, A.P.P.(in all the cases). ----------- ------------ O R D E R

2.3.2009. All these cases have been taken up together for hearing as they involve common question of facts, law and prayer and in all these cases the petitioners happen to be either the M/s. Lloyds Finance Limited (hereinafter referred to as “the Company”) or their officials of the managerial cadre and opposite party no.2 in all these cases happen to be the depositors in their Fixed Deposit Scheme and accordingly, they are being disposed of by this common order. In Criminal Misc. No.47014 of 2005, the Company and its Officers have been impleaded as accused in Complaint Case No.2260- C of 2005, wherein cognizance has been taken against them under Sections 420, 406 and 120-B I.P.C. by Sri Manoj Kumar No.2, Judicial Magistrate, First Class, Patna, vide order dated 28.11.2005. In Criminal Misc. No.18516 of 2006, the Company and its - 5 - Officers have been made to figure as accused in Complaint Case No.892(C) of 2004, wherein cognizance has been taken against them by Sri K.M. Tiwari, Judicial Magistrate, First Class, Patna, under Sections 403, 418 and 120 B I.P.C. vide order dated 19.5.2004. In Criminal Misc. No.20880 of 2006, the Company and its Officers have been made to figure as acused in Complaint Case No.878(C) of 2004, wherein cognizance has been taken against them under Sections 323, 403, 406, 418 and 504 I.P.C. by Sri Manoj Kumar, Judicial Magistrate, First Class, Patna, vide order dated

17.5.2004. In Criminal Misc. No.29363 of 2006, the Company and its Officers have been arrayed as accused in Complaint Case No.2412(C) of 2005, wherein cognizance has been taken against them under Sections 406, 420 and 120-B I.P.C. by order dated 9.6.2006 by Sri B.K. Chaudhary, Judicial Magistrate, First Class, Patna. In Criminal Misc. No.49270 of 2006, the Company and its Officers have been impleaded as accused in Complaint Case No.1208(C) of 1999, wherein cognizance has been taken under Section 420 I.P.C. and 138 N.I. Act against them by the Judicial Magistrate, First Class, Patna, vide order dated 19.12.1999. In Criminal Misc. No.33605 of 2004, the Chairman and Branch Manager of Patna Branch of the Company are arrayed as accused in Complaint Case No.2038(C) of 2003, wherein cognizance has been taken against them under Sections 406 and 420 I.P.C. by Sri Prabhu Dayal Gupta, Judicial Magistrate, First Class, Patna vide order - 6 - dated 26.9.2003. In Criminal Misc. No.23027 of 2005, the Company and its Officers have been impleaded as accused in Complaint case No.544(C) of 2005, wherein cognizance has been taken against them under Sections 420 and 120-B I.P.C. by Sri Manoj Kumar Singh, Judicial Magistrate, First Class, Patna vide order dated 1.4.2005. In all these cases, a common prayer for quashing the entire criminal proceedings including the orders taking cognizance are sought to be quashed. A supplementary affidavit has been filed in Criminal Misc. Nos.47014 of 2005, 33605 of 2004 and 23027 of 2005 on behalf of the petitioners stating therein that the entire principal amount have been paid to the complainant /O.P. No.2 of each case for which a receipt has been granted and the said receipt is appended to the supplementary affidavit. It has also been submitted by the learned counsel for the petitioners that the matter of payment of interest in the other cases has been kept in abeyance awaiting the decision of the Hon’ble Bombey High Court in Company Petition No.1017 of 2002. Although notice was duly served on the complainant/O.P. No.2 of each case, none has appeared on behalf of complainant/O.P. No.2 at the time of hearing. Since the principal amount alongwith all interest has been paid to the complainant/O.P. No.2 in most of the cases, the complainants/O.P. No.2 do not wish to pursue the complaint case any further. In the other cases while accepting the payment of principal - 7 - amount, the complainants have stated that the payment of interest has been kept in abeyance awaiting the decision of the Hon’ble Bombay High Court in Company Petition No.1017 of 2002 which they will abide by. No gainful purpose will be served in the circumstances by keeping these cases pending. Accordingly, the entire criminal proceedings in all the cases are hereby quashed and the applications, so far as the petitioners are concerned, are allowed. (Abhijit Sinha,J) P.S.