IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.37024 of 2008 Kaushal Sharma Versus State Of Bihar & Anr ----------- 2 15.07.2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has challenged the order of cognizance on the ground that the case is of civil nature. It is submitted that the parties had entered into an agreement to pay the certain sum of money in two equal installments to the complainant. It is stated that the petitioner never kept to his commitment and has thereby cheated the complainant. It is submitted that the dispute is of a civil nature and a criminal case is not maintainable. This aspect of the matter is a question of fact, which would requires some proof, as such this Court cannot hold that no case is made out u/s 420/406 of the I.P.C. This application is thus dismissed. Prakash (Sheema Ali Khan, J)