IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43510 of 2007 Bisundeo Sah @ Biswanath Sah @ Bishun Sah, Son of Late Laxmi Narain Sah, Resident of Village Satgahara, P.S. Rajnagar, District Madhubani. -------- Petitioner Versus 1. State of Bihar. 2. Sri Arun Kumar Singh, Branch Manager, Rahika Central Co- operative Bank, Rajanagar, P.S. Rajnagar, District Madhubani. ------ Opposite Parties ----------- 3 19.03.2010 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and counsel for the State. The petitioner while assailing the order rejecting prayer under Section 239 of the Code of Criminal Procedure would submit that even if the allegation made in the First Information Report is accepted on its face value, there would be no criminal liability against the petitioner, inasmuch as, withdrawal of amount from the bank account of Rai Bhupendra Bahadur on the basis of cheques in the name of the petitioner by itself cannot be an offence. To that extent, Mr. Thakur seems to be correct but then the problem is that it is not Mr. Rai Bhupendra Bahadur who had issued the cheques rather from the First Information Report, it is clear that on verification by 2 one Md. Kasim, without there being lawful authority, the amount was withdrawn by the petitioner. In the opinion of this Court, these aspects of the matter can be only gone into at the time of trial in the light of the evidence to be adduced by the prosecution and defence. On that basis, at least the prayer for discharge can not be allowed inasmuch as no mini trial is permissible at this stage. That being so, this Court does not find any merit in this application and the same is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)