IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46165 of 2015
Arising Out of PS.Case No. -1299 Year- 2013 Thana -BHOJPUR COMPLAINT CASE District-
BHOJPUR

Prem Shankar Singh Son of Late Rup Narayan Singh, Residence o f Village –
Bihita, P.S. – Imadpur, District – Bhojpur.

…. …. Petitioner/s
Versus

1. The State of Bihar.

2. Upendra Kumar Chaubey, Son of Late Dhanpath Chaubey, Residence o f
Village – Bihita, P.S. – Imadpur, District – Bhojpur.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate
For the State : Mr. Ajay Kumar 2, APP
For Opp. Party No. 2 : Mr. Sanjay Kumar Ojha, Advocate

CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date: 02-05-2018

This petition has been filed under Section 482 of the

Code of Criminal Procedure for quashing an order dated 12.12.2013

passed by the Judicial Magistrate, 1st Class, Ara, in Complaint Case

No. 1299C/2013 Trial No. 3763/2015, whereby cognizance for

offence under Section 406 of the Indian Penal Code has been taken.

Inter alia, contending that ingredients necessary for

constituting an offence under Section 406, IPC is not made out this

application has been filed by the petitioner.

The complainant and the applicant herein entered into a

contractual agreement by way of a partnership deed dated

18.09.2006 and according to the partnership deed they were to
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execute jointly a work entrusted by the Government and

consideration for execution of the work was Rs.17 lakhs. It is said

that the work was executed in accordance with the agreement but

after payment was made for the work in question, the applicant kept

the entire consideration amount and did not transfer the amount

which was required to be paid to the complainant as his share. It is

alleged that initially a sum of Rs. 5,50,000/- lakhs was paid,

thereafter a sum of Rs.3 lakhs was paid and in third installment a

sum of Rs.2,50,000/- was paid. As per the terms and condition of the

contract. the amount was to be kept in the joint account of the firm

and the amount was to be distributed as per the contract according to

which the complainant was to receive Rs. 9 lakhs. It is alleged that

fraudulently the applicant kept the entire amount, did not deposit the

same to the joint account and, therefore, committed criminal breach

of trust. It is further alleged that he has taken out the entire amount

of Rs.17 lakhs and deprived the complainant of his share to the tune

of Rs.9 lakhs.

Taking note of all the factors and going through the

several documents signed by both parties acknowledging the debts

and the material available on record with regard to the partnership

deed in question the complaint has been registered and the learned

court below has taken cognizance of the offence.
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Learned counsel for the parties have been heard and after

perusal of the complaint and the nature of allegations levelled

against the applicant and the statement recorded by the complainant

it is clear that allegations are with regard to breach of trust in the

matter of payment of consideration money received after execution

of the contractual work as per the terms and conditions of the

agreement and at this stage in a proceeding under Section 482 Cr.PC

this Court does not deem it appropriate to interfere into the matter.

Accordingly, finding no ground to make any indulgence

into the matter the application stands dismissed.

(Rajendra Menon, CJ)

mrl./-

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 03.05.2018
Transmission 03.05.2018
Date