Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3775 of 2011 ====================================================== Ranjit Kumar @ Ranjit Kumar Chaudhary And Anr. .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S.K.Thakur, Adv. For the O..No.2 : Mr.Aditya Nath Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 6 05-11-2012 In this case, petitioners are challenging the order of cognizance dated 9th September 2008 passed in Complaint Case No. 1471 of 2008 for the offence [STATUTE] complaint case stating therein that the accused-petitioners is managing a courier service in the name and style of ‘First Flight Courier Service’. Accused - petitioners are management staff of courier. There was an agreement between the Courier Service and the State Bank of India to pick up the consignment from the Bank for trans-shipping the same to its destination. In turn complainant was appointed to work on behalf of First Flight Courier. It was agreed by, in between the parties that a sum of Rs.12,000/- would be paid in two instalments by the accused persons to the complainant for the said work and it was also agreed for payment of one rupee for each pick up. As per the agreement, if the work will exceed Rs.30,000/- the commission Patna High Court Cr.Misc. No.3775 of 2011 (6) dt.05-11-2012 2 / 3 2 will be enhanced and it is alleged the complainant was paid as per the terms of agreement for the period 17th September 2004 to 14th February 2005. It has been alleged when due amount of rupees 24,000 for two months was not paid, legal notice which was replied by one Alok Kumar, Advocate admitted the arrear of Rs.18,000/- and when the complainant approached for payment, they flatly refused to pay the said amount. It appears that the complainant had filed a case before the Assistant Labour Commissioner, Bettiah who passed the order on 14th August 2008 in Minimum Wages Case No.1 of 2008 directing payment of arrear of wages which was challenged in appeal but the same was dismissed vide order dated 3rd December 2008 on the ground of delay of one day. M/s First Flight Courier service being aggrieved by that order, filed C.W.J.C.No. 5421 of 2009 and this Court vide order dated 7th December 2010 set aside the order of the appellate court and remitted back the matter. It appears, the petitioner No. 2 has filed a complaint Case No. 2822/2007 making allegation that complainant, O.P. No. 2 of this case illegally took the money directly and misappropriated the same. It is apparent that basically the dispute is non-payment of wages and the same cannot be the subject matter of criminal case. Counsel for the petitioner submits that it is purely a Patna High Court Cr.Misc. No.3775 of 2011 (6) dt.05-11-2012 3 / 3 3 civil dispute between the employer and the employee and the O.P. No. 2 has rightly approached the proper authority where the dispute of payment and/or non-payment would be decided. Admittedly, from the facts mentioned in the complaint petition do not constitute an offence under the Indian Penal Code. Counsel for the O.P. has submitted that the amount of Rs.18,000/- is admitted amount which is apparent from the reply of legal notice of the complainant. Having considered the rival contention of the parties it is apparent that there is a dispute between the employer and the employee with regard to non-payment of wages which cannot be the subject matter of criminal case. In this view of the matter, this Court is of the view that the order of cognizance is bad in law and the continuance of the proceeding is an abuse of process of the Court. Accordingly, the order of cognizance is quashed and this petition is allowed. However, the order passed in the present case will not, in any way prejudice the case of petitioner pending before the appropriate authority and the authority will decide the case on its own merits. With this observation this petition is allowed. Jay/- (Shivaji Pandey, 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.