IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48119 of 2007 NIRMALA DEVI @ NIRMALA & ORS Versus THE STATE OF BIHAR & ANR ----------- 3/ 19/2/2009 Heard learned counsel for the petitioners and learned counsel for the State, as also learned counsel for O.P. No.2. The petitioners are aggrieved by the order dated 31.7.2007 taking cognizance in Danapur P.S. Case No.466/06, G.R. No.1368/06 under Sections-420, 406 of I.P.C. and 138 of N.I.Act. The petitioners are stated to be the wife and sons of one Ram Pravesh Deo. Petitioner No.3 is stated to be a minor. The allegations are that Ram Pravesh Deo took a loan from the petitioner because both were known to each other and the petitioner voluntarily gave him money. Ram Pravesh Deo failed to repay the loan and gave a cheque in repayment which was dishonoured. This Court does not consider it necessary to deal with the issue of applicability of the provisions of the Indian Penal Code or the 138 of N.I.Act on the allegations. For the purposes of the present application, it suffices to observe that there are no allegations against the present petitioners, whatsoever. They appear to have been made an accused only in an effort 2 to bring pressure by Ram Pravesh Deo to pay up the dues, but his whole family was sought to be dragged to the criminal court, a humiliation which Ram Pravesh Deo may like to avoid by succumbing to the informant. The application is allowed. The prosecution of the present three petitioners is, therefore, quashed. KC ( Navin Sinha, J.)