IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49385 of 2015
Arising out of Complaint Case No.-1647 Year-2013 Thana- PATNA COMPLAINT CASE
District- Patna
Rajinder Deepa @ Rajendra Singh Deepa, Proprietor M/S Deep Advertising
(I.T. Division), son of Late Sohan Lal Rajdeo, Resident of House No. 179,
Sector 18-A, Chandigarh – 160018.
… … Petitioner/s
Versus
1. The State of Bihar.
2. Manish Kumar Srivastava, Son of Madhusudan Prasad Srivastava, Resident
of Nirmla Bhawan, Kailashpuri, Hanumannagar, P.S. – Patrakarnagar, District
– Patna.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Lal Babu Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar, APP
CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 30-04-2018
Seeking quashing of a complaint filed by the
respondent being Complaint Case No. 1647(C)/2013,
cognizance of which has been taken by Smt. Reshma Verma,
learned Judicial Magistrate, 1st Class, Patna vide order dated
18.07.2013, this application has been filed under Section 482
Cr.P.C.
Patna High Court Cr.Misc. No.49385 of 2015 dt.30-04-2018
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Having heard learned counsel for the applicant and
on perusal of the records it is seen that the parties had entered
into an agreement in question with regard to certain work
pertaining to preparation of Voter I.D. Card. The contract was
entered into on 27.10.2014. According to the complainant for
execution of the contract he was entitled to receive a sum of Rs.
7,39,184/- and against the aforesaid the accused person, the
applicant herein has only paid a sum of Rs. 1,70,000/- and the
remaining amount of Rs. 5,69,184/- has not been paid, the
complaint in question has been filed and cognizance of the
complaint has been taken.
A bare reading of the complaint goes to show that it
pertains to disobedience or breach of an agreement entered into
and non-payment of an agreed amount in pursuance to the
contract. The dispute in question is a pure civil dispute arising
out of execution of a work and the ingredients necessary for
constitution of an offence under Section 406 I.P.C. in my
considered view has not been made out. Accordingly, finding
the complaint to be based on the facts which do not constitute an
offence under Section 406 I.P.C. but a civil dispute in the matter
of payment arising out of execution of an agreement, this
application is allowed and orders of cognizance dated
Patna High Court Cr.Misc. No.49385 of 2015 dt.30-04-2018
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18.07.2013 in Complaint Case No. 1647(C) of 2013 stands
quashed.
(Rajendra Menon, CJ)
P.K.P./-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 02.05.2018
Transmission Date 02.05.2018