IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11571 of 2008 1. SAKAL DEEP RAI 2. Krishna Prasad Sinha Versus 1. STATE OF BIHAR 2. Jagdish Paswan ----------- 3. 30.4.2010 Heard learned counsel for the petitioners and the State. The submission is that the cause of action mentioned in complaint is 10.2.2002. Cognizance is under Section 406 of the Penal Code punishable with three years imprisonment with fine. The limitation for filing the complaint therefore was three years from the date of cause of action under Section 468 Cr. P.C., the complaint has been filed thereafter. There is a delay of approximately six days in the filing of the complaint after the period of limitation. Section 473 Cr. P.C. vests power in the Court to take cognizance even after the period of limitation in the interest of justice. Considering the quantum of period of delay, this Court is not satisfied that the order of cognizance requires interference on that ground specially when the petitioners in Paragraph-8 of their pleadings admit the agreement but only 2 deny the receipt of the money which are matters to be tested during the stage of trial itself. The application is dismissed. P. Kumar (Navin Sinha, J.)