IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18113 of 1998 SANWAL DAS AGRAWAL, SON OF SHRI RADHA KRISHNA AGRAWAL, RESIDENT OF P. 30, C.I.T. ROAD, SCHEME X.M.P.S, BELIAGHATA, CALCUTTA…………………..PETITIONER. Versus 1. STATE OF BIHAR 2. GOPAL KUMAR JAGNANI, SON OF SHRI SHIV KUMAR JAGNANI, PROPRIETOR M/S GOPAL AND COMPANY, C/O MAGADH STOCK EXCHANGE ASSOCIATION, 9TH FLOOR, BUDHA MARG, PATNA………1ST SET OPPOSITE PARTY 3. VIJAY KUMAR JAIN, SON OF NOW KNOWN, MAGADH STOCK EXCHANGE, 9TH FLOOR, ASHIYANA PLAZA, BUDHA MARG, PATNA 4. MANGLORE REFINERY & PETRO CHEMICALS LTD. THROUGH ITS MANAGING DIRECTOR, HAVING ITSS REGD. OFFICE AT KUTHEPUR, P.O. VIA KATIPALLA, MANGLORE, 574149 (KARNATAKA) 5. BIRLA CONSULTANCY AND SOFTWARE SERVICES THROUGH ITS SECRETARY, HAVING ITS OFFICE AT BALLABH DAS BUILDING, PLOT NO.15, STREE NO.10 M.I.D.C. AND HERI (EAST0 MUMBAI- 400093………2ND SET………………PROFORMA OPPOSITE PARTIES. ----------- 5. 19-Mar-2010 Heard learned counsel for the petitioner and perused the petition of complaint, statement of complainant on S.A., the order of cognizance and other materials. 2. It is not possible to accept that no case is made out on the basis of allegations made in the complaint case. Hence, there is no scope to interfere with the order of cognizance. The petition is dismissed. 3. In case the petitioner prays for discharge on the ground that against him there are no materials or specific 2 case, such plea shall be considered by the court below at appropriate stage in accordance with law. perwez (Shiva Kirti Singh, J.)