IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.27124 OF 2008 JITU CHAURASIA, SON OF LATE BALLI CHAURASIA, RESIDENT OF VILLAGE MANGAL BAZAR, POLICE STATION AND DISTRICT KATIHAR VERSUS 1. THE STATE OF BIHAR 2. ABHAY KUMAR SINGH, SON OF SRI PARAS NATH SINGH, RESIDENT OF MIRCHAIBARI, NAYATOLA, KATIHAR, POLICE STATION AND DISTRICT KATIHAR ………………………………………………………………………OPPOSITE PARTIES ********** 3 24/08/2009 Heard learned Counsel for the petitioner, the complainant and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order dated 16.01.2008 by which the Judicial Magistrate, 1st Class, Katihar has taken cognizance of the offences under Sections 418 and 406 of the Indian Penal Code. A complaint petition was filed in which it is stated at paragraph 3 that for the construction of a shop, the petitioner had taken an advance of Rs. 2 lacs. At paragraph 4, it has been stated that on 22.08.2006, the petitioner had entered into an agreement (EKRARNAMA) which was also filed along with the documents. Learned Counsel for the petitioner submits that the case is of civil nature and that the EKRARNAMA is not a valid document. 2 Learned Counsel appearing on behalf of the complainant has produced the original copy of the EKRARNAMA. In the facts aforesaid, I think that the question whether the agreement is valid or not, whether the amount has been paid are the questions which can only be decided after taking evidence in this case. Accordingly, this court finds no infirmity in the order impugned and this application is thus dismissed. Anand ( Sheema Ali Khan, J. )