IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32298 of 2008 Sanjeev Kumar, son of Late Janardan Pd., village Ghorasahan, Ps Ghorasahan, Dist. East Champaran – petitioner. Vs. 1) The State of Bihar, 2) Upendra Singh, son of Ram Bahadur Singh, village Bagha, PS Jharokhar, Dist. East Champaran – opp. Parties. 2 30.6.2011 Heard the parties. The petitioner has challenged the order, dated 20.6.2008 passed in Complaint Case No. C663/2007 passed by the Subdivisional Judicial Magistrae, Sikarhana, Motihari by which cognizance has been taken for the offences alleged to have been committed under sections 406, 323 and 504 of the Penal Code. It is said that there is an alternative remedy for realizing the alleged loan taken and the criminal prosecution would not lie in such a case. The court, on the other hand, has come to the conclusion that a civil and criminal case can be maintained for the same action and since there is a prima facie case against the petitioner, the court below has taken cognizance. I see no reason to interfere with the order taking cognizance. This application is dismissed. haque ( Sheema Ali Khan, J.)