IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39254 of 2010 RAM ASHISH SHARMA S/O LATE MUKTESHWAR PD. SHARMA R/O VILLAGE-HARPUR, P.S. SHAHKUND, DISTRICT- BHAGALPUR. --PETITIONER Versus 1. THE STATE OF BIHAR 2. MD. KANCHAN SHARMA S/O LATE KRISHNA BALLABH PD. SINGH, R/O VILLAGE KHANPUR, P.S. PALIGANJ, DISTRICT-PATNA, AT PRESENT C/O PREM KUMAR, RADHA RANI SINHA ROAD, ADAMPUR CHOWK, P.S. ADAMPUR, DISTRCIT-BHAGALPUR. --OPP.PARTY 2 01.12.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application seeking restoration of Cr.Misc. no. 12880 of 2009, dismissed for non-prosecution vide order dated 30.09.2010, which was preferred under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 06.02.2008 in Complaint Case no. 304 of 2007 taking cognizance for the offence under Section 138 of the N.I. Act. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to agitate all his points before the court below at appropriate stage preferably at the time of hearing on the 2 point of charge, if trial is yet to commence. Permission is granted. Accordingly, the application is disposed of with the aforesaid liberty. (Akhilesh Chandra, J.) AAhmad