IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.28257 OF 2008 RAJ KUMAR SRIVASTAVA, SON OF KRISHNA PRASAD, RESIDENT OF VILLAGE RAGHUNATHPUR, POLICE STATION TURKAULIA, DISTRICT EAST CHAMPARAN VERSUS 1. THE STATE OF BIHAR 2. SUDHIR KUMAR, SON OF LATE KALIKA PRASAD, RESIDENT OF VILLAGE MAYA TOLA, RAGHUNATHPUR, POLICE STATION TURKAULIA, DISTRICT EAST CHAMPARAN ********** 2 20/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is aggrieved by the order dated 21.01.2008 passed in Complaint Case No. 1670 of 2007/Trial No. 2924 of 2008 by which the Judicial Magistrate, Motihari has taken cognizance for the offence under Sections 417, 465 and 504 of the Indian Penal Code. The allegations in the complaint petition are that a cash amount of Rs. 1,00,000/- was handed over to the petitioner, which the petitioner refused to return. Counsel for the petitioner submits that apart from the facts mentioned in the complaint petition, there is no evidence to show that in fact there was a cash transaction between the parties. This Court cannot, at this stage, enter into the facts and circumstances which would show whether there was a cash transaction between the parties. 2 This application is thus dismissed. Anand ( Sheema Ali Khan, J. )