CRIMINAL MISCELLENEOUS NO. 28226 OF 2006 ***** ( In the matter of application under Section 482 of the Code of Criminal Procedure ) ****** ANIL KUMAR SINGH, SON OF SHRI DASRATH SINGH, PROPRIETOR OF M/S HRISHTI PHARMA, B-41., BISCOMAUN COLONY, POST OFFICE GULJARBAGH, PATNA-800007. PERMANENT RESIDENT OF NEW JAKKANPUR, BEHIND LALKOTHI NEAR LAXMI MARKET, POLICE STATION JAKKANPUR, DISTRICT PATNA AND PRESENT RESIDING AT KUMAR NIKETAN, NEAR JAKKANPUR, POLICE STATION JAKKANPUR, DISTRICT PATNA ……………….………………………………………….……...PETITIONER VERSUS 1. THE STATE OF BIHAR 2. SHRI ARUNESHWAR VERMA, SON OF NAME NOT KNOWN, HOUSE NO. 12, ROAD NO. 3A, MAHESH NAGAR, POST OFFICE KESHRINAGAR, POLICE STATION PATLIPUTRA, DISTRICT PATNA-800024 3. SHRI KALPESH M. JOSHI, SON OF NAME NOT KNOWN, RESIDENT OF SECTOR 17, BLOCK 165/7 “CH” TYPE GANDHINAGAR, GUJARAT- 382017 4. SHRI SANJAY D. SHAHA, SON OF NAME NOT KNOWN, RESIDENT OF 135, RAJ LAXMI APARTMENT, OLD PATNA ROAD, BARODA, GUJARAT 5. M/S ASVIN HEALTH CARE, 131, VUDA SHOPPING CENTRE CHHANI, BARODA GUJARAT-391740 ……………….……………………………..……………………OPPOSITE PARTIES ******************** FOR THE S T A T E :- MR. JHARKHANDI UPADHYAY, A.P.P. ********* P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN O R D E R Sheema Ali Khan, J. This application has been filed for quashing of the order dated 03.08.2005 passed in complaint Case No. 1113 (C) of 2005 by which the Judicial Magistrate, 1st Class, Patna has taken cognizance for the offences under Section 138 of the Negotiable Instruments Act and 2 the order dated 24.12.2005 passed by the Additional Sessions Judge VII, Patna in Criminal Revision No. 520 of 2005 by which the Court has rejected the pleas of the complainant to take cognizance for graver offences under Section 420 and 409 of the Indian Penal Code. 2. I do not find any illegality with the order impugned as the Court below may charge the accused persons for graver offences if it finds that there are sufficient materials against them at the stage of 313 of the Code of Criminal Procedure or at the stage of framing of the charges. 3. This application is accordingly dismissed. ( Sheema Ali Khan, J. ) PATNA HIGH COURT DATED, THE 18th MARCH, 2011 N.A.F.R./ANAND