IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15383 of 2001 UTTAM KUMAR JHA Versus STATE OF BIHAR ----------- For the Petitioner: Shri Amish Kumar, Advocate For the State: Shri Dashrath Mehta, APP 7/ 16.8.2010 Heard learned counsel for the parties. The order summoning the petitioner dated 27.1.2001 appears completely outside the forecorners of law. There was a written agreement of hire purchase between the purchaser Navin Motors Limited, Patna and hire Amar Ranjan Verma. It is alleged in the written report that this petitioner was the introducer of the hirer Amar Ranjan Verma who was, as per terms of agreement, required to pay monthly instalment of a particular sum towards total amount of Rs.3,88,001. Instalments are also indicated in Clause no. 3 of the said agreement and it is alleged that after payment of five instalments as per agreement, the hirer stopped making payment and that was done in conspiracy of the present petitioner who was the introducer. The written agreement does not indicate that the petitioner had any role to play in the whole exercise of hire and purchase and further that he had conspired in the act complained of, i.e., of not paying monthly instalment by Amar Ranjan Verma. The cognizance has been taken under sections 406 and 420 of the IPC and this court has reservations about the offence being attracted against the present petitioner. In the result, the petition is allowed. Order summoning the 2 present petitioner is hereby quashed. Summoning order, as regards other accused persons of the case, shall stand and proceeding against them shall continue. Stay of the proceeding against other accused persons, except the petitioner, if any, shall stand vacated. Anil/ ( Dharnidhar Jha, J.)