Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32719 of 2009 ====================================================== 1. Pantho Milan Kundu @ Patra Milan Kundu 2. Kul Bhushan Chhura .... .... Petitioners Versus 1. The State Of Bihar 2. Mr. Ramjee Gupta .... .... Opposite Parties ====================================================== with Criminal Miscellaneous No.12070 of 2009 ====================================================== A. Asthana .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ram Jee Gupta .... .... Opposite Parties ====================================================== with Criminal Miscellaneous No.18571 of 2009 ====================================================== Kuldeep Singh .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ram Jee Gupta .... .... Opposite Partyies ====================================================== with Criminal Miscellaneous No.18481 of 2009 ====================================================== B.K.Mishra .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ram Jee Gupta .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 7 03-10-2012 All the applications have been filed for quashing the order dated 19.8.2008 passed by Sri Ashok Kumar Singh, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 3194/C/2007 Patna High Court Cr.Misc. No.32719 of 2009 (7) dt.03-10-2012 2 whereby cognizance has been taken against the petitioners for the offence under [STATUTE] . In the tender for sale of fire damaged material lying at Usha International Ltd godown near new by pass Anisabad, Patna, opposite party no. 2’s bid was accepted finding the same highest one but its amount (earnest money) could not be deposited on the day of acceptance of bid i.e. 17.10.2007. A prayer was made to extend the period of deposit the balance amount (earnest money). It is made clear that Rs. 4.25 lac was deposited at the time of submission of the bid. Prayer was allowed and the time was extended till 24.10.2007. Till then also balance amount (earnest money) could not be deposited. So, his (complainant’s) bid was cancelled on 25.7.2010 and next bidder was accepted giving an opportunity to deposit the balance amount (earnest money) till 31.10.2007. Allegation is that a prayer was made on behalf of opposite party no.2 to extend the period of deposit of money through demand draft till 31.10.2007. Receiving of such application on 24.10.2007 is denied. Some annexures are said filed with complaint petition (Complaint Case No. 3194(C) 2007) attached in counter affidavit filed in this Court on behalf of opposite party Patna High Court Cr.Misc. No.32719 of 2009 (7) dt.03-10-2012 3 no.2 as Annexure-A which also is missing receiving. Moreover even after accepting that his prayer was made in time and was not allowed or informed may not be made a ground for constituting any offence prima facie sufficient for issuance of process against any of the petitioners either the officials of United India Insurance Company or Usha International Ltd. on the ground even that next bidder was given time till 31.10.2007 as giving of time may not be accepted as right (fundamental) of opposite party no.2. In any case once his (complainant’s) bid is cancelled it is natural that some time would be given to next bidder which has been done in the case. In the discussed facts and circumstances of the case, all the applications are allowed and the order dated 19.8.2008 passed in Complaint Case No. 3194/C/2007 including further prosecution against the petitioners are quashed. A.I./N.A.F.R. (Mandhata Singh, 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.