IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2931 of 2009 1. Mani Lal Gupta, son of Late Muneshwar Pd. Gupta, 2. Pankaj Kumar Gupta @ Pankaj Kumar, son of Mani Lal Gupta, 3. Asha Gupta, wife of Mani Lal Gupta, all of Bakarganj Bajaja, PS Pirbahore, Dist. Patna, presently residing at Motilal Path, Rajapur, PS Patliputra, Rajapur Mainpura, District Patna – petitioners. Vs. 1. The State of Bihar, 2. Subhash Prasad Singh, son of Late Bhagwan Singh, village Chhatna, PS Parsa Bazar, district Patna – opp. parties. 2 13.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 28.11.2007 passed by the Judicial Magistrate, Ist Class, Patna in Complaint Case No. 1333©/2006 by which the court below has refused to discharge the petitioners. Learned counsel for the petitioners submits that the complainant is Bataidar and has paid a sum of Rs.2000/- by cheque. Taking advantage of this fact the complainant has stated that the petitioners had agreed to sell 8 kathas of land to him and has taken advance of Rs.40,000/-. On behalf of the petitioners it is submitted that there is not a single chit of paper to show that any money was received by the petitioners. It is stated that the case is frivolous one and maliciously instituted. All these aspects of the matter should be considered during the trial of the court. The court below will particularly see whether any money has exchanged hands in the case. This application is dismissed. haque (Sheema Ali Khan, J.)