IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41478 of 2009 SUNIL KUMAR, SON OF MOTI LAL, RESIDENT OF MOHALLA KARBIGAHIYA BUS STAND MORE, POST OFFICE G.P.O, P.S. JAKKANPUR, DISTT. PATNA. ------- PETITIONER. Versus 1. THE STATE OF BIHAR 2. TRILOKI PRASAD, SON OF SUGAMBAR PRASAD, RESIDENT OF VILLAGE YADUVANSHI NAGAR, POST OFFICE & P.S. DIGHA, DISTT. PATNA. --------- OPPOSITE PARTIES. ----------- 2. 11.10.2010 Heard the parties. The petitioner has sought quashing of the order dated 29.8.2009 passed by Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 955(C) of 2008 by which he has refused to discharge the petitioner from the liability of the prosecution instituted under Sections 138 and 406 of the Indian Penal Code on the ground that the order of cognizance is time barred. Considering that Section 406 of the Indian Penal code is a continuing offence, there is no question of any limitation. The application is dismissed. S.Ali ( Anjana Prakash, J.)