IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.38800 OF 2008 1. PRABHAT KUMAR, SON OF SHRI ASHOK PRASAD 2. SUNIL SHARMA, SON OF SHRINIWAS SHARMA 3. SANJIV KUMAR, SON OF SHRINIWAS SHARMA ALL RESIDENT OF VILLAGE BARPA, POLICE STATION PAUTHU, DISTRICT AURANGABAD 4. RAJESH KUMAR, SON OF SIDHARTH SHARMA, RESIDENT OF MOHALLA JANAKPUR, POLICE STATION MUFASSIL, DISTRICT GAYA VERSUS 1. THESTATE OF BIHAR 2. ANIL KUMAR KEDIYA, SON OF SHRI NAND LAL KEDIYA, RESIDENT OF MOHALLA GOSSIBAG, TEKARI ROAD, POLICE STTION KOTABALI, DISTRICT GAYA …………………………………………………………………….OPPOSITE PARTIES ******* 2 16/02/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners have challenged the order dated 28.07.2008 passed in Complaint Case No. C 951 of 2003/Trial No. 282 of 2008 by which the Judicial Magistrate, 1st Class, Gaya has refused to discharge the petitioners for the offences under Sections 420, 406, 471, 384 and 120 B of the Indian Penal Code. Learned Counsel for the petitioners submits that the facts reveal that the parties had a business relationship with each other and as such it cannot be said that any ingredients of criminal nature are involved in the said transaction. The facts raised by the petitioners would have to be tested in a full fledge trial and as such this Court cannot consider the defence raised on behalf of 2 the petitioners. I find no illegality or irregularity in the impugned order. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)