IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14261 of 2007 1. UMESH PRASAD son of late Ganauri Sao 2. Smt. Rikma Devi alias Rikma Sinha wife of Pradeep Kumar Both residents of Village – Khemnichak, P S – Gaurichak (Phulwarisharif), District – Patna. Versus 1. STATE OF BIHAR 2. Lalit Kumar Sinha, son of Brij Nandan Prasad Sinha, M/S. Tripati Papers, Khajanchi Road, P O -Bankipore, P S -Pirbahore, District- Patna. ----------- For the petitioner : Mr. Madhav Pd Yadav. For O.P. No.2. – Mr. Indrajeet Bhushan. For the State – Mr. Jharkhandi Upadhyaya. ______ 06. 29.04.2009 Order of cognizance dated 6.10.2005 passed in Complaint Case no. 1862 (C ) of 2005 is the subject matter of challenge in the present quashing application. Cognizance has been taken against all the accused persons including the two petitioners for the offence under sections 406, 420 and 120B of the Indian Penal Code read with section 138 of the Negotiable Instruments Act. It is contended on behalf of the two petitioners that petitioner No.1 happens to be the father of the main accused Pradeep Kumar and petitioner No.2 is the wife of Pradeep Kumar. Even in the complaint it is stated that a cheque was issued by Pradeep Kumar with regard to an account which was closed and that was the reason why the cheque could not be encashed. The offence, if any, is made out against Pradeep Kumar and not against the two petitioners. Learned counsel representing opposite party No.2 submits that there is specific allegation in the complaint that all the accused persons including the two petitioners were party to the fraud which has been committed and therefore there is material and evidence - 2 - which has come in solemn affirmation and there is nothing wrong in the order taking cognizance. Looking at the entirety of the situation this Court is not inclined to quash the order taking cognizance at this stage but liberty is given to the petitioners to raise all such points which may be available to them, at the time of framing of charge in this regard. The application stands disposed of with the above liberty. rkp (Ajay Kumar Tripathi, J)