IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39219 of 2007 SANJEET KUMAR & ORS Versus STATE OF BIHAR & ANR ----------- 3 3.7.2008 Heard the counsel for the petitioner and the counsel appearing on behalf of the opposite party. Petitioners have challenged the order dated 8.12.2006 passed by the learned Judicial Magistrate, Ist Class, Nawada in complaint case no. 36 of 2006 by which cognizance has been taken against the petitioners under Section 406, 420, 468 and 471 of the Indian Penal Code. The complainant has alleged that he has handed over Rs. 80,000/- to the petitioner no. 1 because he had promised to get a job for him as a peon. The petitioner no. 2 who is the brother and petitioner no. 3 who is the father of petitioner no. 1. It is alleged that they were present at the time of handing over the money. There is no specific allegation of cheating against them. However, learned counsel appearing on behalf of the petitioner has referred to several documents to show that in fact he had not taken the money rather which were also a part of larger conspiracy. However, all these facts be considered at the time of framing of the charge. As such this application is dismissed. Sanjay (Sheema Ali Khan, J.)