IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.7736 OF 2008 SACHIDA NAND @ SATISH KUMAR, SON OF LATE SITA RAM PRASAD, RESIDENT OF NEW AREA, JAKKANPUR, POLICE STATION JAKKANPUR, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. BIJAY KUMAR AMBASTHA @ CHUNNU, SON OF LATE GOPALJI SAHAY, RESIDENT OF JAI PRAKASH LANE, KAILASH NIWAS, NEW AREA, JAKKANPUR, POLICE STATION JAKKANPUR, DISTRICT PATNA …………………………………………………………………….OPPOSITE PARTIES ********** 2 19/01/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is aggrieved by the order dated 14.06.2005 by which the Court below has taken cognizance for the offences under Section 406 of the Indian Penal Code in Complaint Case No. 868 (c) of 2005. The complainant had helped out the petitioner by giving him a loan of Rs. 70,000/-. Counsel for the petitioner submits that he has repaid the loan on different dates and also submits that he had given a blank cheque to the complainant which was never utilized by the complainant for the reason that the petitioner had already paid back the loan and this case has been filed out of malice after a delay. These aspects of the matter may be considered at the appropriate stage in the case. I am not inclined to interfere with the 2 impugned order. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)