IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23368 of 2007 Maksood Ansari, son of Md. Safar Ali, village Rasulpur, PS Amnour, Dist. Saran – petitioner. Vs. 1. The State of Bihar, 2. Md. Abbas Ali, son of Habeeb Ansari, village Sakari, PS Sakari, Dist. Madhubani – opposite parties. 4 1.7.2009 This application has been filed for quashing the order, dated 14.9.2006 passed by the Chief Judicial Magistrate in Pandaul (Sakari) PS Case No. 68/2002 by which cognizance had been taken for the offences under sections 406/420 of the Penal Code. The prosecution case, in short, as alleged against the petitioner, is that he had stolen the motor cycle of opposite party no.2. The further case is that opposite party no.2 and the petitioner had entered into an agreement relating to sale of a truck. The informant got the truck repaired and spent Rs.1,30,000/- on its repair. Later when the informant demanded the documents of the vehicle, the petitioner refused to make payment and demanded that he should return the truck. The informant agreed to return the truck if the petitioner paid Rs.1,30,000/- with interest which he had spent on repair of the truck On the basis of the aforesaid facts, the complaint petition was instituted. Counsel for the petitioner submits that the case is absolutely false and fabricated. The petitioner had purchased the truck from Nagaland and had brought it to his village home. It has been argued on behalf of the petitioner, on the basis of two notarized documents, that the informant hired the truck of the petitioner on 2 payment of a rental of Rs.5500/- per month. The informant became slack in making payment of the rental amount to the petitioner which led to a dispute between them, which has resulted in the institution of the present case. At this stage this court cannot rely on the documents produced on behalf of the petitioner i.e. agreement prepared by both the parties or the documents relating to the truck. These documents should be examined at the time of framing of the charge and the court below will examine and consider the documents before passing any final order. This application is dismissed with the aforesaid observations. haque (Sheema Ali Khan, J.)