IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10738 of 2009 1. DWARIKA PRASAD son of late Abhi Das. 2. Raj Kishore Prasad. 3. Deo Sharan Prasad. Both sons of Dwarika Prasad. 4. Lalti Devi wife of Dwarika Prasad. 5. Saroj Devi wife of Dwarika Prasad. All are residents of Chakjohra, P.S.. Hilsa, District –Nalanda. Versus 1. STATE OF BIHAR 2. Krishna Prasad Singh, son of Ram Chandra Prasad, resident of Chak Johra, Police Station – Hilsa, District – Nalanda. ----------- 02. 17.04.2009 Heard learned counsel for the petitioners and learned APP for the State. Contention of the petitioners is that the basic allegation that on a stamped paper thumb impression of the petitioners was taken and against which certain money was advanced makes the case to be a case of civil nature. It is open to the complainant to seek appropriate declaration by filing a suit. The same cannot be made a ground for substantive offence of cheating. There could be some substance in the above submission of the learned counsel for the petitioners but the other substantive offences which have been alleged are matters which would be looked into by the trial court at the time of framing of charge. It will be open to the petitioners to urge all these points which could be considered by the trial court. The application is dismissed with the above liberty to the petitioners. rkp (Ajay Kumar Tripathi, J)