IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31364 of 2008 Bhagwat Prasad, son of Late Bishwanath Prasad, Mohalla Ramayan Market, PS and District Sasaram – Petitioenr. Vs. 1) The State of Bihar. 2) M/s. Sharda Traders through its Prof. Vinod Kumar Gupta, son of Late Mahendra Lal Gupta, village Maharajganj, PS Alamganj, District Patna – Opp.Parties. 3 6.7.2011 Heard learned counsel for the petitioner and the Mr. P.K. Chaurasia, learned A.P.P. representing the State. The petitioner is aggrieved by order, dated 6.2.2008 passed by the Additional Sessions Judge, FTC IV, Patna in Cr. Revision No. 264/2007 by which the revision application of the complainant has been allowed without hearing him. Opposite party no. 2 had appeared in this case but his counsel has informed this court that he has taken the file from him. In the circumstances it would be deemed that opposite party no.2 has proper information of this case. The revision application was filed to add sections 406, 420, 120B and 506 of the Penal Code in this case. The court below had taken cognizance only under section 138 of the Negotiable Instrument Act. The revisional court without hearing the petitioner has held that the offences are made out under sections 406, 420, 120B and 506 of the Penal Code. This court finds that the court should not have passed an ex parte order without hearing the petitioner. As such the order passed by the revisional court is quashed. This application is allowed. 2 Needless to say that any section of the Penal Code can be added if the court finds that an offence is made out against the petitioner at the stage of framing of the charges or thereafter. haque ( Sheema Ali Khan, J.)