IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32649 of 2007 RAM KUMAR SINGH son of Late Inderdeo Singh, Resident of Village Amas, P.S.-Amas, District- Gaya (Bihar). . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. Rajendra Singh S/o Chhedi Singh, R/O Mohalla- Pathak Toli, P.S.- Sherghati, District-Gaya, working as Bank Clerk, P.N.B. Amas Branch, P.S. Amas, District- Gaya. . . . . . Opp. Parties. For the Petitioner : Mr. Rajendra Pd. Singh, Sr. Advocate, Mr. Mukesh Kr. Singh, Mr. Nawal Kishor Singh, Advs. For the State: Mr. Jharkhandi Upadhyay, A.P.P. For the O.P. No.2: None ----------- 4/ 15.10.2009 Heard learned counsel for the petitioner and the State. The petitioner prays for quashing the order of taking cognizance dated 10.01.2007 passed in Complaint case no. 362 of 2005 whereby cognizance has been taken for the offence under Section 420 of the Indian Penal Code. The complainant alleged that the he paid Rs. 76,051/- to the petitioner in cash and the remaining Rs. 5,000/- was to be paid after receiving the documents of the Car. When the complainant asked the petitioner for car and documents then the petitioner abused and threatened the complainant and gave only photo copy. The complainant got a Panchayati done in presence of one Kishor Baby and the accused sought some time to return the money as the money has not been returned, the instant case has been filed. The main contention of the petitioner is that the matter is substantially a Civil dispute and will not come under the mischief of Section 420 of the Indian Penal Code. In support of his contention learned counsel has relied upon a decision of this Court reported in - 2 - 2007(3) PLJR 33 in the case of Nand Kishore Thakur & Another Vs. State of Bihar & Another. In the aforesaid case, this Court held “that matter arising out of agreement for interest free loan would be essential or contractual matter. After hearing the counsel for the parties, this application is disposed of with an observation that petitioner may take all the points at the time of framing of charge. The trial court will consider the aforesaid aspect at the time of framing of charge without prejudice that an application against the impugned order taking cognizance has not been interfered with by this Court. With the aforesaid observation, this application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)