IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8636 of 2008 MADHUKAR KUMAR SON OF SRI PARMANAND SAHA, PROPRIETOR OF M/S MAA KALI AGENCY, AT BINODPUR KATIHAR, P.O.- AND DISTRICT- KATIHAR. Versus 1. THE STATE OF BIHAR 2. RAJESH PRATAP SINGH, C/O- PHARMANETE, SITUATED AT THAKURBARI ROAD, P.S.- KADAMKUAN, DISTRICT- PATNA. For the petitioner : Mr. Ashwani Kumar Gupta, Advocate. For the O.P. no. 2 : Mr. Rupak Kumar, Advoca For the State : Mr. Jharkhandi Upadhyay, APP ----------- 3 01.10.2010 Heard both sides. Petitioner is aggrieved by order dated 3.8.2006 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case no. 663(C)/2006 whereby on a consideration of the materials brought on record, it has been found that a prima facie case has been made out and, accordingly, cognizance under Sections 403 and 418 of Indian Penal Code has been taken. Learned counsel for the petitioner, while assailing the order impugned, draws attention of the court to the averments made in paragraph nos. 4 and 5 of the complaint in order to submit that there is no document to show that the transporter (one of the co-accused) delivered the consignment to the petitioner-accused without payment. It is next contended that going by the allegations, at best a civil dispute is reflected from the complainant. Learned counsel appearing on behalf of the opposite party while supporting the order impugned submits that there is allegation that the transporter in connivance with the present 2 petitioner committed dishonest mis-appropriation of the consignment which belonged to the complainant. After having heard both the patties and going through the materials on record, this Court is satisfied that no case for interference, at this stage, with the impugned order is made out considering the confines of jurisdiction exercised by the court below. The application lacks merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )