THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16169 of 2011 ====================================================== Pramod Kumar.

.... .... Petitioner/s

Versus

The State Of Bihar & Ors.

.... .... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Tilak Sao & Mr. Rajesh Mohan, Advs.

For the Opposite Party/s : Mr. L.K.Sharma, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

2 17-08-2012 Heard learned counsel for the petitioner and the State.

In this case the petitioner is challenging the order

dated 30th November 2009 by which the court below has taken

cognizance in Com. Case No. 640 of 2009 u/s 418 and 403 IPC.

From he FIR it appears that the money was given to

the petitioner for purchase of land but neither the land was

executed in favour of the informant nor the money was returned.

Counsel for the petitioner submits that basically it is

a civil dispute but from the complaint petition it prima facie

appears that the petitioner had taken money by false

representation.

This Court finds that there is no error in the order

impugned. This petition is accordingly, dismissed, but with liberty

to the petitioner to raise all the points at the subsequent stage of

trial and the court below will not be prejudiced by the dismissal of

this petition.

Jay/- (Shivaji Pandey, J)