IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36741 of 2006 SAMEER SEN Versus THE STATE OF BIHAR & ANR ----------- 7 8.8.2008 Heard Sri Ajit Kumar Ojha, learned counsel for the petitioner, Mr. Maya Nand Jha, learned A.P.P. for the State and Sri Bijay Krishna Tiwary, learned counsel for O.P. No. 2. The petitioner through this application prays for quashing of the entire Complaint Case No. 306(C) of 2006 including the order dated 31.3.2006, whereby the learned Sub Divisional Judicial Magistrate, Patna, has taken cognizance for offence under sections 406 and 420 I.P.C. It appears that pursuant to an arbitration held between the petitioner the Proprietor of M/s Baby Tulika Film and O.P. No. 2, Aditya Narayan Singh Proprietor of M/s Great Shiva International and the resulting award passed by the Executive Committee of Bihar and Jharkhand Motion Picture Association on 26.7.2005 the claim of M/s Great Shiva International of Rs. 1,65,000/- along with interest @ 18% and reference fee of Rs. 3800/- being allowed and defendant M/s Baby Tulika Film was directed to pay the aforesaid sum . The defendant M/s Baby Tulika Film failed to pay the said amount and hence the instant complaint case came to be filed and following the inquiry under section 202 Cr.P.C. cognizance was taken by the learned Sub Divisional Judicial Magistrate, Patna. Unfortunately non payment in pursuance of and non compliance of the terms of the award by one of the parties cannot in - 2 - any view of the matter amount to a criminal liability. More so when the award involves payment only. Any award given an arbitration proceeding can never be considered to be a criminal proceeding as it has the trappings of a civil suit and any claim for recovery or payment of the arbitration award can at best a proceeding in civil in nature and no criminal liability can be cast on the defaulting party. In my view the allegations made in the complaint do not prima facie constitute any offence or making out any case either under section 406 I.P.C or 420 I.P.C. and the present dispute being of civil nature remedy lies before a Civil Court of competent jurisdiction. The continuance of criminal proceeding would amount to be an abuse of the process of the Court. Accordingly, this application is allowed and the impugned order taking cognizance is hereby set aside. Spd/- (Abhijit Sinha, J.)