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Deepak Gurnani vs The State Of Bihar on 17 December, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83399 of 2019
Arising Out of PS. Case No.-1560 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur

1. Deepak Gurnani Son of Inder Gurnani Deputy General Manager Room Air,
Conditioning Division. Resident of Blue Star Ltd. Ecocentre Business
Tower, 11th Floor, Unit 1 and 2 EM. Block, Sector V, Salt Lake, Kolkata,
700091 (West Bengal)
2. Pawan Kumar Son of Mr Gupteshwar Sahu Assistant Manager-Room Air-
Conditioning Division, Resident of Blue Star Ltd. 405, B-Block, Business
Center, Lakhmi Kant Niketan Parisor, 4th Floor, Jamal Road, Patna, 800001

… … Petitioner/s
Versus
1. The State Of Bihar
2. Bipin Kumar Singh Son of Late Rajeshawar Singh Resident of Aditya
Complex, 1st Floor, Near Medical Over Bridge, N.H. 57, P.O.-Bhikhanpur,
P.S.- Ahiyapur, District- Muzaffarpur

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr.Sandeep Kumar
Mr. Rohit Raj
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh

CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER

2 17-12-2019 Heard learned counsel for the petitioners.

The prosecution story in the complaint is that the

petitioners who are Deputy General Manager as well as

Assistant Manager of the company have entered into

arrangement whereby the complainant was to carry out sale of

Inverter AC and window AC. It is submitted that Rs 2,05,20,

000/- was paid to the company for supply of air conditioners.

After making some supply, delivery has been stopped. Entire

outstanding on account of short supply have not been returned
Patna High Court CR. MISC. No.83399 of 2019(2) dt.17-12-2019
2/3

by the petitioners.

Counsel for the petitioners submits that in fact,

complainant had no authority for reselling the air conditioners.

It is submitted that the complainant was a customer and not a

distributor. It is under such circumstance, keeping the interest of

the company in mind, petitioners have taken steps to safeguard

the company in their capacity as officials of the company.

Submission is that offence under Sectionsection 406 IPC and

essential ingredients of Sectionsection 405 IPC are not made out.

Complaint discloses a dispute which is predominantly civil in

nature existing between the parties on account of such alleged

payment made, and short supply in respect of the payment made

and requires accounting so as to determine inter se liability of

the parties.

Petitioners are managerial staff of the company and

the allegations are also primarily in respect of the normal

business of the company, however, company has not been

arrayed as accused in complaint petition. Complaint is only to

harass the petitioners.

Considering the aforesaid submissions, this court

would direct for issuance of notice to opposite party no.2 for

which requisites etc. under registered cover with A/d as well as
Patna High Court CR. MISC. No.83399 of 2019(2) dt.17-12-2019
3/3

ordinary process must be filed by end of this week, failing

which this application shall stand rejected without further

reference to the Bench.

Let this matter be listed within top 20 cases after

service of notice or after four weeks (27.01.2020) whichever is

earlier.

(Madhuresh Prasad, J)
s.hassan/-

U

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