Amlesh Banerjee & Anr vs State Of Bihar & Anr on 25 July, 2011

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.39914 of 2008
    1.   Amlesh Banerjee, Son of Late Indu Bhushan Banerjee, Resident of Village Mankar
         (Paipur), PS Bud Bud, District Burdwan (West Bengal)
    2.   Animesh Banerjee, Son of late Indu Bhushan Banerjee, Resident of Village Mankar
         (Paipur), PS Bud Bud, District Burdwan (West Bengal) --- Petitioners
                                              Versus
    1.   The State Of Bihar.
    2.   Anand Kumar, Proprietor of M/s Litopia Services, Nagendra Niwas, Behind Gorakh Nath
         Complex, East Boring Canal Road, Patna - 800 001 ---- Opposite Parties

For the petitioner :   Mr. Sanjeet Kumar, Advocate
For the State :        Mr. Jitendra Kumar Singh No. 1, A.P.P.
                                            -----------

3 25.7.2011 Heard learned counsel for the petitioners and the counsel

appearing on behalf of the State.

Learned counsel for the petitioners submits that the order of

cognizance dated 31.5.2007 should be quashed on the ground that there

is a dispute for payment of certain amount of money for which the

complainant has filed a money suit. It is submitted that there was

business relationship between the petitioners and the complainant and as

such, this cannot come within the purview of Sections 420 and 406 of

the Indian Penal Code.

These aspects of the matter may be raised at the appropriate

stage of the case. I am not inclined to interfere with the order taking

cognizance.

This application is dismissed.

           Sanjay                                              (Sheema Ali Khan, J.)