Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37511 of 2011 Ravindra Kumar Yadav S/o Ganga Prasad Yadav, Resident of Village Baldiya Pada, P.S. Manihari, District Katihar, At present residing at Mohalla Indrapuri, P.S. Katihar Sahayak, District Katihar. ... ... Petitioner. Versus 1. The State Of Bihar 2. Amarnath Pandey, S/o Ramjee Pandey, Resident of Village Semariya, P.S. Ara Muffasil, District Bhojpur, At present residing at village Anaith, P.S. Ara Nawada, District Bhojpur. ... ... Opposite Parties. ---------------------------------- 3. 17.1.2012. Heard Shri Bimal Kumar, learned counsel for the petitioner and Shri Satyendra Prasad, learned Additional Public Prosecutor. The petitioner, while invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 18.2.2011 passed in Complaint Case No.2049 (C) of 2010, Trial No.5147 of 2010, whereby the learned Magistrate has taken cognizance of the offence under [STATUTE] . Learned counsel for the petitioner submits that the petitioner had been made accused even though the petitioner had already refunded the entire amount, which is evident from Annexurfe-3 to the petition. It was submitted that in specific 2 word the complainant has given certificate that he had already received all the amounts, which has been notarized. On perusal of the complaint petition, it is evident that for giving assurance of the employment, the petitioner had obtained huge amount from the complainant and by this way, the complainant was cheated. So far as Annexure-3 is concerned, the court is of the opinion that while hearing a petition under Section 482 of the Cr.P.C., those documents may not be looked into at this stage. These points can be raised at appropriate stage not at the stage of challenging the order of cognizance. I do not find any defect in the impugned order. The petition stands dismissed. N.H./ ( Rakesh Kumar,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.