IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49488 of 2007 1. ASHU SINGH , SON OF JAGTESHWAR SINGH @ NANHEY SINGH, RESIDENT OF 9/A, BALIAGHATA ROAD, KOLKATA 700 015(WEST BENGAL). 2. SUMAN SINGH WIFE OF AMIT KUMAR SINGH, RESIDENT OF 305A, OSWAL CHAMBER,2, CHURCH LANE, KOLKATA 700001(WEST BENGAL) 3. JAGTESHWSAR SINGH @ NANHEY SINGH SON OF LATE AWADH KISHORE SINGH, RESIDENT OF 9/A, BALIAGHATA ROAD, KOLKATA 700 05(WEST BENGAL). …PETITIONERS Versus 1. STATE OF BIHAR 2. RAMA KANT SINGH, SON OF LATE RAM KHELAWAN SINGH, RESIDENT OF 101, LAUS APARTMENT, NEW PATLIPUTRA, PATNA. …OPPOSITE PARTIES For the Petitioners :Mr.Ramakant Sharma, Sr. Advocate, :Mr. Narendra Kumar Singh, Advocate & :Mr.Laxmikant Sharma, Advocate For O.P.No.2 :Mr.L.B.Singh, Advocate ----------- 03. 25.03.2010 Heard counsel for the petitioners and counsel for the complainant/informant. Petitioners seek to challenge the order taking cognizance dated 15.9.2007, passed by the learned Magistrate in Complaint Case No. 2426 (C) of 2007. Learned counsel for the petitioners made elaborate submissions in order to convince the Court with reference to the averments made in the complaint that this is essentially a civil dispute. Learned counsel for the opposite party no.2, however, supported the impugned order. It is contended that materials have come on record that may indicate that petitioners have forged the documents and have committed breach of trust as also cheating. - 2 - This Court finds from the impugned order that as many as five witnesses were examined in course of enquiry made under section 202 Cr. P.C. A host of documents were placed before the court. On consideration of materials collected in course of enquiry and after perusing the documents placed before it, the learned Magistrate has found and held that there exists sufficient materials to proceed in the case. This Court finds no merit in this application which is accordingly dismissed. Law, of course, permits the petitioners to raise all these contentions at the time of framing of charge. Petitioners may invoke that jurisdiction. hr ( Kishore K. Mandal )