IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.639 of 2009 1) Md. Khurshid Alam, son of Late Vilayat Ali, 2) Md. Yaqub Ali, 3) Md. Nazir, both sons of Md. Khurshid Alam, 4) Md. Anisur Rahman, son of Idrish Mandal, all of village Pardiara Haji Jhalbu Tola, PS Amdabad, District Katihar – Petitioners. Vs. The State of Bihar. 2 27.10.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed against the order, dated 3.12.2002 by which cognizance has been taken under sections 417, 423 and 347 of the Penal Code. The allegation is that the sale deed wrongly contains the area of the land which has been sold and there is also an allegation that the entire consideration money has not been paid. Learned counsel for the petitioners submits that criminal case is not the remedy for the complainant, rather, he should have taken steps to file a case for setting aside the sale deed or for recovery of Rs. 20,000/-. This aspect of the matter cannot be considered at this stage and these facts may be considered at the time of framing of charge when the court below will have the opportunity to consider the entire evidence which has come after examining the witnesses. This application is dismissed. haque (Sheema Ali Khan, J.)