Case Facts:
Patna High Court Cr.Misc. No.1133 of 2012 (3) dt.03-09-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1133 of 2012 ====================================================== Debasish Banerjee @ Devashish Banerjee S/O Late Prashanta Banerji, Resident of 3 A. N. Jha Road, George Town, Allahabad (U.P.), having its office situated at AH Wheelers & Company Limited, 23 Lal Bahadur Shastri Marg, Allahabad City, Allahabad (U.P.) .... .... Petitioner/s Versus 1. The State of Bihar, 2. Ranjeet Kumar S/O Late Arjun Prasad, R/O Chiraiyatand, Prithvipur, First Lane, P.S.- Kankarbagh, District- Patna .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 03-09-2012 The Petitioner seeks quashing of the order dated 05.09.2011 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.1970-C of 2011 by which he has taken cognizance in the matter. It has been submitted on behalf of the Petitioner that he had resigned from the Directorship of the Company on the date of issuance of cheque which was also accepted by the Registrar of Companies and, therefore, he should not be proceeded against. After having gone through the Complaint, I find that there are allegations that the Petitioner as Director of the Company was also one of the persons, who had accepted the amount from the Complainant and hence, in my view, offence under [STATUTE] would be made out even if Patna High Court Cr.Misc. No.1133 of 2012 (3) dt.03-09-2012 2 subsequently he had resigned. No doubt cognizance has not been taken under such Sections but since it is well known that cognizance is not taken of any particular offence or accused and suffice it is at this stage that some offence is made out. I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.