IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44444 of 2007 SRI NATH SINGH Versus STATE OF BIHAR ----------- 3. 19.08.2009 Heard the learned Counsel for the petitioner and the learned counsel for the State. A complaint case was filed by the petitioner under Sections 406, 420, 323, 341 and 504 of the Penal Code. Cognizance was taken only under Section 323, 504 and 341 of the Penal Code. Aggrieved by the same the petitioner preferred Cr. Revision No. 193 of 2006, which was disallowed on 17.8.2007 leading to the present application. Learned Counsel submits that the revisional court erred in holding that there was no error in the order declining cognizance under Sections 402 and 406 of the Penal Code. The allegations in the complaint are of an admitted voluntary sale made on credit against part payment only on promise of further payment. The balance payment was not forthcoming and when the petitioner sought to persuade opposite parties to pay up the dues, they assaulted him. This Court on the facts and circumstances is satisfied that the complaint on the face of it makes out a clear case of civil liability for money dues in so far as the balance of the price not paid is concerned. To that extent this Court finds no error in the order declining cognizance under Sections 406 and 420 of the Penal Code or the order of the revisional court. The application has no merit and is rejected. The provisions of the Penal Code under which the cognizance has been taken are all compoundable in nature. That is a matter to be appropriately kept in mind by the trial court during trial as in view of the increasing burden of litigations on the court, the expeditious use of the provisions of the Code of Criminal Procedure with regard to compoundable offence has become a compelling necessity for the Courts. Snkumar/- (Navin Sinha,J.)