IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49212 of 2008 KUMAR RAKESH, SON OF SATYA NARAYAN DAS, RESIDENT OF NEW PATNA COLONY, HEALTH INSTITUTE ROAD, BEUR ROAD, PATNA. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE CHIEF MANAGER, STATE BANK OF INDIA, BAILY ROAD BRANCH, NIRMAN BHAWAN, PATNA. ----- OPPOSITE PARTIES ---------- 5 7.8.2009 This application has been filed for quashing the order dated 4.7.2006 by which the Court below has taken cognizance for offences under Section 406/34 of the Indian Penal Code. The case has been instituted by the Chief Manager, State Bank of India. It is alleged in the First Information Report that the petitioner had applied for a loan of Rs. 1.10 lacs. The payment was made by the Bankers Cheque numbered as “053883” dated 30.1.2003. The loan was granted to M/s Infonet Solution a partnership firm for setting up a Data Processing Centre. Learned counsel for the petitioner submits that the anticipatory bail was granted to the petitioner on the condition that the petitioner would deposit the entire amount of Rs. 55,000/-. It is said that the share of the petitioner in the 2 amount of loan granted was Rs. 55,000/-. Mr. Mukund Jee counsel appearing on behalf of the State Bank of India has not appeared in this case despite opportunity being granted to him inasmuch as his name has been printed on the list for the last so many occasions to appear and to put forth the view of the State Bank of India. Section 320 of the Code of Criminal Procedure provides that Section 406 could be compoundable by the owner whose property has been misappropriated. In the circumstances, the petitioner may approach the Chief Manager of State Bank of India for compromising the matter. In case there is compromise filed in this case, the Court below on receiving the compromise petition will adjudicate on the merit of the petition filed. This application is thus disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)