IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37638 of 2008 1) Rama Shankar Turha @ Rama Shanar Pd. Turha, 2) son of Late Ram Baresh Turha, 3) Vijay Kumar Turha, 4) Vinod Kumar Turha, 5) Mukesh Kumar Turha, all sons of Rama Shankar Turha, residents of Bankatta Mahavir Ghat, Ps Kotwali, Dist. Balia, U.P. – Petitioners. Vs. 1) The State of Bihar, 2) Baliram Turha, son of Late Alagu Turha, village Daulatganj, PS Bhagwan Bazar, Dist. Saran – Opp. Parties. 2 19.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 19.3.2008 passed in Tr. No. 3541/2008 by the Judicial Magistrate, 1st Class, Chapra by which cognizance for the offence under section 406 of the Penal Code has been taken. Learned counsel for the petitioners submits that no case is made out under sections 420/406 of the Penal Code as according to the complainant there were different transaction between them and, therefore, there was never any intention to misappropriate the money in question. The facts disclose that the petitioners had partly paid their dues but kept avoiding the payment due to the complainant on flimsy and frivolous grounds. These aspects of the matter cannot be considered at this stage. This application is, therefore, dismissed. haque ( Sheema Ali Khan, J.)