Petitioner is ING Vysya Bank Ltd. which is a scheduled commercial bank. The Medical College Police, Kozhikode registered Crime No. 361 of 2010 arraying the staff of the said bank as accused for offence punishable under S.379 of the Indian Penal Code on a complaint preferred by respondent No.2 (Annexure-A18 is the copy of complaint dated 17.6.2010) before respondent No.1 alleging that somebody committed theft of her Tata Indigo LS car on 16.5.2007. Annexure-A17 is the F.I.R. Petitioner seeks to quash the said F.I.R. contending that the allegations are totally false and what is involved is only a civil dispute. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor who appeared for respondent No.1.

2. Case of respondent No.2 in Annexure-A18 is that somebody committed theft of the vehicle belonging to her on 16.5.2007. According to the petitioner and it is not disputed also, respondent No.2 had availed a loan of Rs.3,95,000/- from the petitioner to purchase the said vehicle. Loan was sanctioned on 24.8.2005. It is also not disputed that respondent No.2 executed Annexure-A2, agreement hypothecating the said vehicle to the petitioner. P