IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35256 of 2008 THAKUR BALMUKUND NATH SAHDEB son of Late Thakur Damodar Nath Sahdeb, resident of Mohalla-Durwa, Latehar Railway Station, Police Station- Latehar, District- Latehar. . . . . Petitioner. Versus THE STATE OF BIHAR & ANO ----------- 6/ 18.05.2010 Heard learned counsel for the petitioner and the Union of India. The petitioner has prayed for quashing the order dated 17.05.2008 passed by Sub-Divisional Judicial Magistrate, Raxaul at Motihari in Raxaul P.S. case no. 117 of 2000, whereby he has taken cognizance under Sections 467, 468, 471, and 414/34 of the Indian Penal Code Learned counsel submits that petitioner is a registered dealer for purchase and sale of coal. Learned counsel submits that he lifted Sikni Coal Project and sold it to genuine purchaser. He further submits that petitioner sold two trucks of coal to M/s Diamond Trading Agency, Kolkata vide Bill Nos. 157 and 158 dated 30.08.2000. He further submits that M/s Diamond Trading Agency, Kolkata subsequently sold the coal in question to Sri Shreen Traders, Raxaul. He submits that Sri Shreen Traders, Raxaul has also the business in Nepal as well. Learned counsel for Union of India submits that M/s Diamond Trading Agency, Kolkata is a fake company. The petitioner has disputed the aforesaid fact by referring to paragraph nos. 80 and 81 of the case diary. Having regard to the facts and circumstances of the case, - 2 - liberty is granted to the petitioner to take all these points at the time of framing of charge that M/s Diamond Trading Agency, Kolkata is a genuine Company. In case, if such application is filed, the same would be disposed of on its own merit. This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)