IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3881 of 2009 SHAM SHIR ALAM @ MAMAJEE, S/O. Late Abdul Rashid, resident of Rahmat Nagar, Motibagh, P.S. – Kishanganj, District – Kishanganj. ............ Petitioner. Versus 1. THE STATE OF BIHAR. 2. Manoj Kumar Sah @ Pappu, S/O. Sankar Prasad Saha, resident of Thakurbari Road, P.S. – Kishanganj, District – Kishanganj. ......... Opposite Parties. ----------- For the Petitioner :- Mr. Pankaj Kumar, Advocate. Mr. Diwakar Sinha, Advocate. For the State :- Mr. Ram Priyasharan Singh, A.P.P. 03/ 02.12.2010 Heard. This criminal miscellaneous petition has been filed against the order dated 26.08.2008 passed by Sri P. K. Mohit, Judicial Magistrate Ist Class, Kishanganj in Complaint Case No. C 23/2008 by which a cognizance has been taken for offence under Sections 323, 406 and 504 of the Indian Penal Code. The prosecution case as alleged in the complaint petition filed by the complainant is that there was an oral contract between the complainant and the accused that the complainant will supply sugar, refine and maida in the bakery of the accused and in consequence the complainant supplied sugar, refine and maida etc. and it is alleged that the articles supplied was to the tune of 2 Rs.51,763/-. However, it is alleged that whenever the demand of the money was made by the complainant, the same was not abided by the accused and even there was a Panchayati and it is alleged that even on the social pressure of the Panchayati, the accused called the complainant at his house and then it is alleged that the accused persons torn the paper and said that there is no dues and abused and there is allegation of abuse and scuffle and on this complaint, the witnesses were examined and the cognizance has been taken under Sections 323, 406 and 504 of the Indian Penal Code. Learned counsel for the petitioner, however, contended that the dispute apparently on the face of the allegation is of a civil nature about the breach of the contract for non payment of money regarding the supply of the sugar, maida and refine and whatever allegation about the abuse and scuffle are omnibus and without any specific allegation who assaulted or who abused and has placed reliance upon a decision reported in 1999 (2) PLJR 913 (Sanjoy Kumar Vs. The State of Bihar & Anr.). The proposition was that a liability arising out of breach of contract is of a civil nature and not of criminal nature. 3 Hence, from the nature of the allegation itself, it appears that the matter concerned with the breach of contract as there was contract to supply sugar but even on supply the payment was not made. It is well settled that the civil litigation if clothed in a criminal case then that must not be entertained, hence, having regard to the fact and circumstance as apparent from the allegation itself that the case concerns with a breach of contract or non-payment regarding the supply of the sugar, maida and refine in pursuance of the agreement between the parties has got a civil consequence and hence, a criminal case cannot be allowed to continue and hence the impugned order is set aside and the petition is allowed. Kundan (Gopal Prasad, J.)