IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56412 of 2007 1. GAYAN PRAKASH, SON OF SRI LALIT NARAYAN MISHRA, RESIDENT OF BHOOT NATH ROAD, NEAR OF DURGA MANDIR, P.S. AGAMKUAN, DISTRICT PATNA. 2. BACCHU SINGH, SON OF LATE SHEO NANDAN MAHTO 3. SASHI BHUSHAN KUMAR @ GUDDU @ SHASHI BHUSHAN @ SHASHI BHUSHAN SINGH, SON OF SRI BACCHU SINGH BOTH ARE RESIDINT AT SECTOR – 8 BAHADURPUR HOUSING COLONY, P.S. AGAMKUAN, DISTRICT PATNA. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. BIRENDRA KUMAR SINGH, SON OF SRI DEV NANDAN SINGH, RESIDENT OF MOHALLA MAURAYA BIHAR COLONY, LOHIA NAGAR, KHUMRAR, P.S. AGAMKUAN, DISTRICT PATNA. ---- OPPOSITE PARTY ----------- 2 2.4.2010 Heard the parties. This application is being filed to quash the order dated 15.7.2006, passed in Complaint Case No. 895(c) of 2005 pending in the Court of the Judicial Magistrate, 1st Class, Patna City. Learned counsel for the petitioners submits that no case would be maintainable under Section 138 of the Negotiable Instrument Act in view of the fact that the statement on oath is that the complainant had issued a cheque to the petitioners for the purposes of obtaining a job for him. The question whether the liability is a legally enforceable one would be considered at the stage of framing of charge. At this stage, this Court does not find any illegality with the order of cognizance as there is no discrepancy in the evidence and the complaint case. This application is disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)