IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16999 of 2009 BHOLA PRASAD GUPTA & ORS Versus THE STATE OF BIHAR & ANR ----------- 02 13.07.2009 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have filed this application against the order dated 16.4.2009, by which cognizance has been taken for the offence under Sections 420 and 120B of the Indian Penal Code and 138 of the N.I. Act. Petitioners’ case is that, there was an oral agreement with the complainants to sell the residential house belonging to the petitioners. However, the petitioners did not eventually want to sell his land and, therefore, he rescind from his earlier stand. The petitioners’ case is that he had lost his Cheque-book and Pass-book one year prior to the lodging of the complaint, for which he has filed an application before the Branch Manager on 11.2.2008, asking him to stop any payment against the cheques mentioned in the said letter i.e. 4116 to 4125. The present complaint petition has been filed, alleging that the petitioners issued cheque on 28.1.2009, in favour of the complainant and when it was presented before the Bank, the Bank reported that there was no money in his Account and as such after 2 sending legal notice this case has been filed. Learned counsel for the petitioners, submits that the petitioners had also filed a complaint against the Branch Manager and the complainant Jitendra Kumar Sah, alleging therein that the cheque presented by the complainant, was one of the cheques which had been lost by the petitioners and also alleging that the Bank Manager has no business to report that there was insufficient sum in his Account, when he (the petitioner) had already made an application on 9.11.2008 to stop any further payment from his Account. It is also said that the cognizance has been taken by the court against the complainant in the case filed by the petitioners. All these facts can only be considered at the time of framing of charge when petitioners would be at liberty to produce the documents for the court’s perusal. At this stage, this Court cannot rely on the documents mentioned to pass any order. This application is, therefore, dismissed with the aforesaid observations. P.K. (Sheema Ali Khan, J.)