IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49556 of 2007 JAI SHANKAR PRASAD JHA Versus STATE OF BIHAR & ANR ----------- 3. 2.3.2009 Heard learned counsel for the petitioner, State and Opposite Party No. 2. The petitioner is aggrieved by the order dated 15.2.2006 of the Chief Judicial Magistrate, Patna in Kotwali P.S. Case No. 419/99, G.R. Case No. 3499 of 1999 rejecting the application for discharge under Section 239 of the Code of Criminal Procedure, as affirmed by the order dated 13.7.2007 by the Additional Sessions Judge, IV, Patna in Cr. Revision No. 284 of 2006. The allegations are that the opposite party no. 2 paid a part of the consideration amount for purchase of a motorcycle to the petitioner, when the petitioner executed a sale letter. The balance consideration for the price was to be paid at the time that the petitioner shall hand over the documents of the vehicle. The petitioner did not hand over the documents within prescribed time. Submission on behalf of the petitioner is that handing over of the motorcycle to the opposite party no. 2 is confirmed and therefore at this stage no offence is made out. It appears that the petitioner has subsequently filed a complaint case questioning the sale letter on which the opposite party no. 2 relies. This Court, in the facts of the case, is satisfied that the submissions made on behalf of the petitioner are basically in the - 2 - nature of his defence which can only be appropriately considered during trial. This Court, therefore, finds no infirmity in the impugned order warranting any interference. The application is dismissed. P. Kumar (Navin Sinha, J.)