IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14825 of 1998 PRAMOD KUMAR MISHRA SON OF SRI NARESH MISHRA, RESIDENT OF VILLAGE-BARI EGHU, P.O-MOHAN EGHU, BEGUSARAI, DISTT- BEGUSARAI, PRESENTLY RESIDING AT 13, SAURAV APARTMENT, NEAR J.D. WOMENS COLLEGE, PATNA ……..PETITIONER Versus 1. STATE OF BIHAR 2. ASHOK KUMAR, MANAGING DIRECTOR, COSMON FINANCE AND INVESTMENT LIMITED, 114, JAGAT TRADE CENTRE, FRAZER ROAD, PATNA-800001 ……..OPPOSITE PARTIES ----------- 5. 12-Mar-2010 Heard learned counsel for the petitioner and learned counsel for the State. In spite of notice nobody has appeared on behalf of O.P. No.2. 2. The impugned order of cognizance dated 23.7.1997 has been passed by the learned Chief Judicial Magistrate, Patna in Complaint Case No. 414 © of 1997 and cognizance has been taken under Section 420 of the IPC and Section 138 of the Negotiable Instruments Act. 3. It has been submitted that the allegations do not make out a case under Section 420 of the IPC and further that technicalities required for leveling allegations under Section 138 of the Negotiable Instruments Act have not been established by clear allegations. 4. The learned CJM has stated that for payment of Rs. 11,545/- the petitioner-accused had issued 15 2 cheques in favour of the Finance Company, the complainant and out of those as many as 11 cheques were dishonoured for lack of fund in the account concerned. Hence, it is not possible to hold at this stage that the allegations are not sufficient to make out, prima facie, a case under Section 420 IPC. So far as the lack of allegations in respect of technical ingredients of Section 138 of N.I. Act is concerned, it is observed that this aspect of the matter shall be considered by the court below at appropriate stage in accordance with law. 5. With the aforesaid observation, this application is dismissed. It is made clear that this order shall not prejudice the case of the petitioner or his defence before the court below. 6. Since the case is on old one, the court below is directed to expedite the proceedings and conclude the case expeditiously. perwez (Shiva Kirti Singh, J.)