IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33339 of 2008 Nandu Pandit, Son of late Mahindra Pandit, Resident of Village Sandha Dambar Ojha Tola, Ward No. 14, PS Motipur, District Muzaffarpur. ---- Petitioner Versus 1. The State Of Bihar. 2. Most. Krishna Devi, Wife of Late Nandu Sah 3. Babita Devi, Wife of Nand Kishore Sah 4. Mahesh Sah, Son of late Nandu Sah 5. Dinesh Sah, Son of late Nandu Sah 6. Nand Kishore Sah, Son of late Sadhu Saran Prasad. All resident of Village Sanda Singela Sankar Tola, PS Motipur, District Muzaffarpur, presently reside at Motipur Bazar (Tea Shop) PS Motipur, District Muzaffarpur ---- Opposite Parties ----------- 2 6.7.2011 The petitioner is aggrieved by the fact that the Court below ought to have taken cognizance under Section 420 of the Indian Penal Code considering that the main allegation against the accused persons is t hat they had taken an advance of Rs. 40,000/- for which the petitioner has been able to produce the document, in view of transferring a piece of land in favour of the petitioner. The parties are not returning the money and are not executing sale deed to honour their agreement. These facts may be raised on behalf of the petitioner/complainant at the stage of framing of charges. At that stage the Court below will bound to consider the allegations, the S.A. and the evidence that comes before framing charges. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)