IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31057 of 2008 Abhishek Prasad, son of Late Jhakar Sah, village Malkauli, Ps Bagaha, Dist. West Champaran – Petitioner. Vs. 1) The State of Bihar, 2) Bhola Sah, 3) Shiv Shankar Sah, both sons of Late Chhathu Sah, village Naraipur, PS Bagaha, District West Champaran – Opp. Parties. 2 27.6.2011 This application has been filed for quashing the order, dated 7.12.2007 passed by the Subdivisional Judicial Magistrate, Bagaha, West Champaran in Complaint Case No. C451/2007. The present petition is on behalf of the complainant whose main grievance is that a case is made out under section 420 of the Penal Code as well as section 138 of the Negotiable Instrument Act. The petitioner is aggrieved by the fact that the court has taken cognizance under section 138 of the N.I.Act. The court below while framing charges will always have the option to consider framing charges under section 420 of the Penal code if the court finds that ingredients of the offence are made out against the accused persons. This application is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)