IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.30403 OF 2008 ASHUTOSH KUMAR VERMA @ ASHUTOSH, SON OF PANNA LAL, PROPRIETOR OF M/S MAA VAISHNO SEEDS, RESIDENT OF MOHALLA SA, 2/398, E-6, DAULATPUR, PANDEYPUR, POLICE STATION CANTT, DISTRICT VARANASI, UTTAR PRADESH VERSUS 1. THE STATE OF BIHAR 2. GAURI SHANKER KUMAR, SON OF ARUN PRASAD SAH, PROPRIETOR OF M/S MAHALAXMI FERTILIZERS, RESIDENT OF MOHALLA EAST KAPASIYA, POLICE STATION NAGAR BEGUSARAI, DISTRICT BEGUSARAI ******** 2 24/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed for quashing of the order dated 27.02.2008 passed in Complaint Case No. 64C of 2008 (Trial No. 2633 of 2008) by which the Judicial Magistrate, 1st Class, Begusarai has taken cognizance for the offences alleged to have been committed under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. Learned Counsel for the petitioner submits that no offence under Section 420 of the Indian Penal Code is made out in view of the fact that it is submitted that the petitioner and the complainant were regularly doing business of supply of seeds and as such, there is no element of cheating made out in the facts of the present case. All these aspects of the matter will be 2 considered by the Court below while framing the charges. At this stage, it is not proper for this Court to intervene in the matter. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )