IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.1610 OF 2010 1. SHASHI BHUSHAN KUMAR 2. LALAN SINGH @ LALLAN CHAKRAWARTI 3. SANJAY KUMAR 4. ABHAY KUMAR 5. PAPPU KUMAR @ NIWAS KUMAR ALL SONS OF SHYAM BAHADUR SINGH @ SHYAM BAHADUR RAI 6. SHYAM BAHADUR SINGH @ SHYAM BAHADUR RAI, SON OF LATE RAM KRISHNA YADAV ALL RESIDENT OF VILLAGE KHAPRAILCHAK, POLICE STATION PARSA BAZAR, DISTRICT PATNA …………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ******** 2 10/05/2010 Heard Counsel for the petitioner, the complainant and the A.P.P. appearing on behalf of the State. Cognizance in this case was taken on 11.07.2008 under Sections 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. The order impugned dated 13.11.2009 does not indicate why the Court thought it fit to include the six accused persons in this case for the offences under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act in view of the fact that this case relates to bouncing of the cheque which was admittedly issued by Shashi Bhushan Kumar. The other allegations are under Section 323 of the Indian Penal Code but no cognizance has been taken under those offences, and therefore, this Court finds the impugned order dated 13.11.09 is vague. 2 Accordingly, the order dated 13.11.2009 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 20 (C) of 2008 is set aside and the matter is remanded back to the Court below to pass afresh a reasoned order after considering whether there are sufficient materials to implicate the petitioner nos. 2 to 6 in this case. This application is allowed. Anand ( Sheema Ali Khan, J.)