Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27790 of 2012 ====================================================== Abhay Sinha @ Abhay Kumar Sinha, Son of Late Rajiv Ranjan Prasad Sinha, resident of at present Nasheman Building, Fraser Road, P.S. Gandhi Maidan, District-Patna, Proprietor of M/S. Yashi Films. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. Anil Kumar Sinha, Advocate. For the State : Mr. S.N. Shukla, A.P.P. For the Complainant : Mr. Awadhesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 06-08-2012 Heard learned counsels for the petitioner, complainant and the State. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . It is claimed by the complainant that he being the Film Distributor, gave friendly loan of Rs. 22,00,000/- to the petitioner which Rs. 15,00,000/- were transferred through the banking Channel whereas Rs. 7,00,000/- were given in cash but the petitioner refused to return for which legal notice was given. It is submitted by learned counsel for the petitioner that the petitioner being the producer and distributor of Eastern Circle, purchased the Patna High Court Cr.Misc. No.27790 of 2012 (2) dt.06-08-2012 2 / 3 2 film “Patiyala House” and the complainant being the sub-distributor, taken the aforesaid film from the petitioner and in lieu of that before release of film i.e., 11.02.2011 Rs. 15,00,000/- were paid to the petitioner and since the picture got flopped hence balance payment was not made. In support of contentions, the learned counsel for the petitioner brought on record the letter dated 18.02.2011 written by the petitioner to the Bihar and Jharkhand Motion Picture Association, Patna, about misconduct and threatening made by the complainant and subsequently information was given to the police also but the document brought on record does not reflect any receiving. The letter dated 04.03.2011 contained in Annexure-13 written by one of the exhibitors, Jitendra Chitra Mandir has been brought on record by which the complainant was noticed for settling the account with regard to exhibition of alleged picture “Patiyala House”. It is submitted by learned counsel for the complainant that there is no agreement with regard to making the complainant as sub-distributor of the aforesaid movie and the payments have been made as friendly loan when receiving to the tune of Rs. Fifteen Lacks is admitted by the petitioner. Considering the fact that the accusations Patna High Court Cr.Misc. No.27790 of 2012 (2) dt.06-08-2012 3 / 3 3 basically arise out of some contractual relationship between the parties, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. 1285(C) of 2011/Tr. No. 2332 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The grant of bail will not preclude the complainant to take steps for recovery of money. U.K./- (Dinesh Kumar Singh, 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.