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Rajinder Deepa @ Rajendra Singh … vs State Of Bihar & Anr on 30 April, 2018

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

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

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


Patna High Court Cr.Misc. No.49385 of 2015 dt.30-04-2018

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

18.07.2013 in Complaint Case No. 1647(C) of 2013 stands


(Rajendra Menon, CJ)

Uploading Date 02.05.2018
Transmission Date 02.05.2018

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