IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21070 of 2007 Subodh Kumar Suman (Manager), Son of Kameshwar Mahto, Resident of Village Tora, Police Station Sharmera, District Nalanda, at present Head OfficeHarsh real life, Marketting Pvt. E-24 Second Floor, Krishna Apartment, Boring Road, Patna-13. --------- Petitioner Versus 1. State of Bihar. 2. Ram Swaroop Prasad, Son of Chhotan Prasad, Resident of Mohanpur, Police Station Bihar Thana (Nalanda), District Nalanda. ------- Opposite Parties ----------- 5 29.1.2010 Heard learned counsel for the petitioner and counsel for the State. The prayer for quashing of the order taking cognizance only on the ground that the petitioner in fact had given dividend of the investment made by the complainant is purely a matter of defence which can be only looked into at the time of trial. That being so, this Court would not find any reason to quash the order taking cognizance, specially when in the complaint petition a prima-facie case has been made out against the petitioner. Consequently, this application is dismissed. Rsh (Mihir Kumar Jha, J.)