IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.45458 OF 2008 1. AKHILESH KUMAR @ AKHILESH CHAUDHARY 2. PARAMHANSH KUMAR @ PARBHANSH CHAUDHARY 3. VIDYA SAGAR SINGH @ VIDYA SAGAR CHAUDHARY ALL ARE SONS OF SHRI SHEOPUJAN CHAUDHARY @ SHEOPUJAN SINGH, RESIDENT OF VILLAGE AND POST BHALUAHI, POLICE STATION NOKHA, DISTRICT ROHTAS ………………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. PRAVEEN KUMAR @ SHOBHA CHAUDHARY, SON OF LATE RAM ASDHE SINGH @ RAMASHRAY SINGH, RESIDENT OF VILLAGE AND POST BHALUAHI, POLICE STATION NOKHA, DISTRICT ROHTAS ……………………………………………………………………OPPOSITE PARTIES ********** 2 17/02/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are aggrieved by the order dated 01.10.2007 passed in Complaint Case No. 887 of 2006 by which the Judicial Magistrate, 1st Class, Sasaram has taken cognizance against the petitioners and others for the offences under Sections 406 and 420 of the Indian Penal Code. A banking financial company was started in the district of Rohtas. The allegation is that the petitioner no. 1 persuaded the complainant to deposit money in the banking financial company. It is said that the complainant deposited Rs. 2,005/- at Lokha branch. Counsel for the petitioners submits that petitioner no. 1 was posted at Kudra branch and was not posted at Lokha branch whereas the petitioners 2 and 3 2 are not employees of the financial company. Counsel for the petitioners refers to certain documents to substantiate his arguments. This Court cannot consider those documents or the disputed facts that have arisen in this case at this stage. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)