IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12002 of 2007 PURAN KUMAR SINHA & ANR Versus STATE OF BIHAR & ANR ----------- 12 21.5.2010 Heard counsel for the petitioners and the State as well as counsel appearing on behalf of the informant. The petitioners pray for quashing the entire F.I.R. of Madhubani Town P.S. Case No.290 of 2004 under sections 420, 406 and 504 of the Penal Code. The informant-Opposite party no.2 is the owner of a medicine shop and doing business in the name and style of M/s Shekhar Veterinary House. It is alleged that he purchased certain medicines from M/s Pfizer Limited and it was agreed between them that if the medicine did not sell or the life of medicine has expired it would be taken back by the company. It is further alleged that the medicines worth Rs. 4,07,000/- returned to the company was neither adjusted nor its value was refunded. Counsel for the petitioners submits that in the facts of this case no offence is made out against the petitioners. Moroever, the disputes is of civil nature. In support of his contention, he relied upon a decision of the Hon’ble Apex Court reported in 2009(4) PLJR 179(SC). Counsel for the State as well as counsel appearing on behalf of the informant opposes the prayer for quashing of the F.I.R. They submit that already charge sheet has been submitted on 26.5.2009 under sections 420, 406 and 504 of the Penal Code. - 2 - KHAN In view of the fact that charge sheet has been submitted in this case, this court is not inclined to quash the F.I.R. of this case. This application is accordingly dismissed. If the petitioner is aggrieved by filing of charge sheet, he may challenge the same before an appropriate forum. (S.P.Singh,J)