IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47793 of 2007 ARUN KUMAR CHAUDHARY Versus THE STATE OF BIHAR ----------- 4/ 12/2/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the F.I.R. registered as Jakkanpur P.S. Case No.94/06 under Sections- 406 of I.P.C. pending before Chief Judicial Magistrate, Patna. The allegations are that the petitioner was granted a loan from the Bihar State Scheduled Caste, Scheduled Tribe Development Corporation under a Government Scheme for purchase of an auto rickshaw to be returned with interest. Till the time that the full repayment was not made, the auto rickshaw shall remain the property of the corporation and the petitioner had agreed not to sell it, lease it or otherwise part with it or encumber it in any manner. The petitioner without full repayment of the loan amount had sold the auto rickshaw. The submission of the petitioner that the allegations at best constituted a civil dispute does not impress the court. If the property as the three wheeler remained with the corporation till the repayment of the 2 loan, the allegations constitute materials sufficient for trial under Section- 406 of I.P.C. However, if the petitioner has repaid the loan, as he claims, and he further states that he has not resold the auto rickshaw to anyone else, Section-406 of I.P.C. being compoundable in nature, the petitioner has adequate remedies before the court below. The petitioner submits that is ready and willing to pay the legitimate dues as per the F.I.R. Learned counsel for the State submits that this was a fit case to pay the interest on the loan amount. Since the petitioner has adequate remedy before the court below and issues of fact are required to be examined in respect thereof, the same can be done more appropriately by the court below itself. This Court, therefore, declines any interference in the matter with the F.I.R. The refusal of this Court to interfere shall not inhibit its powers under Section-320 of the Code of Criminal Procedure with regard to offence under Section- 406 of I.P.C. to shorten litigation if circumstances be conducive for the same. The application is dismissed. KC ( Navin Sinha, J.)