IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56108 of 2007 SANJEEVE KUMAR @ PAPPU, SON OF KRISHNA DEO NARAYAN SINGH, RESIDENT OF VILLAGE MALTI PIPRA, P.S. FULWARIYA, DISTRICT BEGUSARAI. ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. K.N. SAHAI, SUPERINTENDING ENGINEER, ELECTRICITY, BTPS, BARAUNI, DISTRICT BEGUSARAI. PERMANENT ADDRESS- SALEMPUR NEAR SOH MANDIR, P.O. CHHAPRA, DISTRICT SARAN – 841 301. ----- OPPOSITE PARTIES ----------- 3 25.3.2010 This application has been filed against the order dated 11.1.2007, passed by the Judicial Magistrate, 1st Class, Begusarai dismissing the application under Section 239 of the Code of Criminal Procedure. The allegations relate to an offence under Sections 419 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that this matter arises out a contract and relates to supply of goods. It is further submitted that there is insufficient material to indicate that there is any offence under Sections 419 or 420 of the Indian Penal Code. It is also submitted that even if it is presumed that the material supplied were altered, the blame cannot be placed on the shoulder of the petitioner as the material was kept in open space. Considering the fact that the order was passed on 2.5.2007 and there is no order of stay in this case, it is expected that the trial must have commenced in this case. In any event this Court cannot interfere at this stage and consider the defence of the petitioner for the purpose of discharging him. In the result, this application is dismissed. Sanjay (Sheema Ali Khan, J.)