IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44323 of 2008 Sanjay Kumar Gupta, Son of late Bhagwan Sah, Resident of village + P.O. Sanjhouli, PS Sanjhouli, District Rohtas ----- Petitioner Versus 1. The Sate of Bihar. 2. Rinku Pandey, Son of Nandjee Pandey, Resident of Village Ghushiya Kala Puranderpur, PS Bikramganj, District Rohtas ---- Opposite Parties For the State : Ms. Veena Kumari Jaiswal, A.P.P. ----------- 2 29.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner objects to the order of taking of cognizance dated 3.9.2007 under Sections 406, 420, 323, 341 and 504 of the Indian Penal Code read with Section 138 of the Negotiable Instrument Act. It is submitted that the case is full covered by Sections 138 of the Negotiable Instrument Act and no offence is made out under Sections 406, 420, 323, 341 and 504 of the Indian Penal Code. The issues raised on behalf of the petitioner may be raised at the stage of framing of charges. This application is disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)