IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8150 of 2008 MUNESHWAR MAHRA, SON OF LATE JAI LAL MAHRA, RESIDENT OF VILLAGE SANPATAHA, P.S. LADANIA, DISTRICT MADHUBANI. ----- PETITIONER Versus THE STATE OF BIHAR ----------- 2 28.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order dated 20.2.2007, passed by the A.C.J.M., Jhanjharpur in T.R. No. 2164 of 2007 arising out of Madhepur P.S. Case No. 260 of 2002 by which cognizance has been taken for offences under Section 409 of the Indian Penal Code. Petitioner is a Panchayat Sewak and was entrusted the work of constructing a primary school under the scheme 1/98-99. Petitioner was paid an advance amount of Rs. 1,60,000/-. It is said that the work done is of only 84,104/- and the rest amount has been misappropriated by the petitioner. Learned counsel for the petitioner submits that he required the entire payment for completing the work which was not released to him by the Junior Engineer and the Executive Engineer on the ground that they wanted a cut for the work done. It is submitted that he approached the District Magistrate who advised him to complete the work and accordingly the petitioner has completed the work. Lastly it is submitted that the Block Development Officer, Madhepur without taking proper measurement of the work done has instituted this case. This Court cannot look into the defence advanced on 2 behalf of the petitioner. The Court has to examine whether a prima facie case has been made out and it appears that the case has been found to be true. Accordingly, this application is dismissed. Sanjay (Sheema Ali Khan, J.)