IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18023 of 2008 Shri Parmeshwar Kumar, son of Late Sri Dukhi Singh, 1) Smt. Saroj Devi, wife of Shri Parmeshwar Kumar, 2) Shri Binay Kumar, son of Shri Parmeshwar Kumar, all of village Samasati, PS Deep Nagar, District Nalanda – Petitioners. Vs. 1) The State of Bihar, 2) Rajendra Prasad Singh - - - - - - Opposite parties. 3 6.10.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by order, dated 8.9.2006 passed by the Judicial Magistrate, Ist Class, Nalanda in Complaint Case No. 663© of 2006 whereby cognizance for the offences under sections 417 and 504 of the Penal Code has been taken. The prosecution case is that petitioner no.1 borrowed Rs. 20,000/- from the complainant for the purpose of payment of fee of his son who was admitted in the Indian Institute of Technology, Delhi. Learned counsel for the petitioners submits that if at all any case can be made out, it can be made out only against petitioner no.1 who is said to have borrowed the money. The allegation is that petitioners live in the house of the complainant and man-handled him appears to be absurd. It is also submitted that there is document to show that Rs. 20,000/- was actually paid to petitioner no.1. All these facts can be considered at the stage of framing of charge. As such the order taking cognizance does not require interference by this court. This application is dismissed. haque (Sheema Ali Khan, J.)