IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2573 of 1998 1. J.K. Nagpal, Son of Asha Nand Nagpal, General Manager (Marketing), Unichem Laboratories Ltd., Mumbai. 2. N.T. Garsahani, Son of Jahar S.N. Garsahan, Sales Manager (East & North), Now promoted as Deputy General Manager, Unichem Lab. Ltd., Mumbai. -------- Petitioners Versus 1. The State of Bihar. 2. Mr. D.P. Nautiyal, M/s Patliputra Uni Agency, Mahima Palace, govind Mitra Road, Patna-4. -------- Opposite Parties ----------- 12 13.8.2009 Though no one appears on behalf of the petitioners, this Court on perusal of the materials available on record is satisfied that the entire allegations made in the First Information Report even if taken to be correct they would only amount to a dispute of civil nature, inasmuch as, what would be the liability of a medicine company as against a dealer whose dealership got cancelled can never be made subject matter of a criminal case. From reading of the First Information Report, it would be clear that the informant had a grievance of discontinuance of his dealership from May, 1992 and certain action taken for appointing new dealer in respect of medicine company, namely, Unichem Laboratories Ltd., Mumbai. Thus, if everything is accepted on its 2 face value, the question of refund of certain security amount or sum payable papers to the informant from the Unichem company cannot be made subject matter of a criminal case, much less, can make an officer of the company liable for facing prosecution under Section 420 of the Indian Penal Code. That being so, this Court would find that the continuance of criminal proceedings against the petitioners will be a gross abuse of the process of the Court. Accordingly, the entire proceedings in connection with G.R. Case No. 2044 of 1993 arising out of Pirbahore P.S. Case No. 142 of 1993 including the impugned order dated 7.12.1996 taking cognizance of offence under Section 406, 420 & 120-B of the Indian Penal Code is hereby quashed. This application is allowed in the aforementioned terms. Rsh (Mihir Kumar Jha, J.)