IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.24029 OF 2009 MOHAN RAM, SON OF SRI SHYAM LAL RAM, RESIDENT OF VILLAGE BHAIROPUR, P.O. MUJAUNA VIA DIGHWARA, P.S. DARIAPUR, DISTRICT SARAN VERSUS 1. THE STATE OF BIHAR 2. RAHUL, SON OF SRI SATRUGHAN KUMAR RAI, RESIDENT OF VILLAGE CHHOTA TELPA, P.O. CHAPRA, P.S. CHAPRA TOWN, DISTRICT SARAN ………………………………………………………………………..OPPOSITE PARTIES *********** 2 05/10/2009 The sole petitioner has filed this application challenging the order dated 04.06.2009 by which cognizance has been taken against him for the offences under Sections 420 and 406 of the Indian Penal Code and Section 130 of the Negotiable Instruments Act. Learned Counsel for the petitioner draws the attention of the Court to Annexure-2 wherein it has been stated that the cheques has been returned as the signature on the cheques deferred from the signature of the drawer. It is submitted that in the circumstance, it cannot be said that there is case which comes within the purview of Section 138 of the Negotiable Instruments Act. The fact whether the signature defers or not would be examined by the Court below. All these questions can be considered by the Court below at the time of framing of charge and determine whether charges may be framed in the facts of this case. This application is accordingly disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)