Case Facts:
Patna High Court Cr.Misc. No.4755 of 2010 (06) dt.04-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4755 of 2010 ====================================================== 1. Madhav Das @ Madhav Das Kanani 2. Vinay Kanani @ Vinay Kumar .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mr. Madanjeet Kumar For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 06 04-09-2012 This is an application for quashing the order dated 02.3.2009 passed by the Judicial Magistrate, Ist Class, Patna in Complaint Case No.3035 of 2008 by which learned Magistrate has taken cognizance under [STATUTE] and Section 138 of the Negotiable Instrument Act. Heard learned counsel for the petitioners and learned counsel for the State. Complaint case is to the effect that a cheque of Rs. One Lac issued in favour of opposite party no.2 by petitioner no.1 for both the petitioners as same was part of price of gold sold to them. Cheque was presented in the concerned bank, but there could be no payment as account standing in name of petitioner no.1 was found closed. Submission as well as defence on behalf of petitioners is that no gold ever was purchased by them rather a signed missing cheque was used by opposite party no.2 to get the same dishonoured by the bank, may be a good defence, but not the proper stage to be considered. Prima facie case is Patna High Court Cr.Misc. No.4755 of 2010 (06) dt.04-09-2012 found true under [STATUTE] . and Section 138 of the N.I. Act. Whichever offence is applicable in the case, can be decided at the stage of framing of the charge. Finding no mistake committed by the trial Court this quashing application is dismissed hereby. Vikash/- (Mandhata Singh, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.