ORAL JUDGMENT

Date : 16-12-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing for the State.

2. The petitioner has preferred the application under Section 482 Cr.P.C. / 528 BNSS for quashing of the order dated 11.06.2024 passed by the learned Judicial Magistrate 1^st Class, Patna in complaint case no. 4834(C)/ 2024 whereby he has taken cognizance for the offence under Sections 406 , 420, 463, 467, 468, 471 and 120(B) of the Indian Penal Code against the petitioner.

3. At this stage, this Court don’t want to go into the legality or illegality of the order passed by the learned District Court taking cognizance under Sections 406 , 420, 463, 467, 468, 471 and 120(B) of the Indian Penal Code as it is settled principle of law that where the facts disclose the commission of an offence under Section 406 IPC in relation to a particular transaction, the accused cannot, at the same time and on the same set of allegations, be held liable for the offence of cheating under Section 420 IPC and vice-versa.

4. Recently, the Apex Court in the case of Arshad Neyaz Khan Vs. State of Jharkhand & Anr., reported in (2025) SCC OnLine SC 2058, upon analysis of law, has