Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 7839 of 2009 ====================================================== Pashupati Khetan, S/o Late Mohan Lal Khetan, Resident of Jamalpur, P.S.-Gogri, District-Khagaria, Prop: M/s Bharat Traders Gogri Jamalpur, Khagaria. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Associated Cement Companies Ltd. having its Regional Office at “Samridhi” S.P. Verma Road, P.S.-Kotwali, District- Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gautam Kejriwal Mr. S.D. Sanjay For the Opposite Party/s : Mr. R.B. Roy “Raman”, APP. Mr. Amaresh Kumar Sinha Mr. Dayanand Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03. 03.04.2012 The petitioner seeks quashing of the entire proceeding including the order dated 26.06.2006 passed by the Judicial Magistrate, Patna in Complaint Case No. 286(C)/2003 by which he has taken cognizance in the matter under [STATUTE] . The case of the complainant is that the petitioner was appointed as dealer of ACC Cement at Gogri, Jamalpur and started his business after completion of formalities. The assurance of the petitioner was that he would make regular payments to the Company and no dues would be created. In spite of this assurance he had failed to honour the same as a result a sum of Rs. 2,61,966/- became due on the petitioner. The petitioner did not respond for payment despite legal notices. It has been submitted on behalf of the petitioner that from bare perusal of the complaint it appears that the dispute was created on account of business transaction which is outside Patna High Court Cr.Misc. No.7839 of 2009 (3) dt.03-04-2012 2 the purview of criminal Court. On the other hand, the counsel for the Opposite Party No. 2 submits that non-payment of dues by the petitioner to the Company would amount to a criminal offence punishable under [STATUTE] . Having gone through the narrative of the complaint, I am inclined to agree with the submission advanced on behalf of the petitioner that no offence whatsoever is made out in the facts of the case and it is an abuse of the process of the Court. In view of such, the application is allowed and the entire proceeding including the order dated 26.06.2006 passed by the Judicial Magistrate, Patna in Complaint Case No. 286(C)/2003 is, hereby, set aside. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 403

Statute Text:
Section 403 of the Indian Penal Code. Dishonest misappropriation of movable property, or converting it to one's own use. Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.