Patna High Court: A Single Judge Bench comprising of Ahsanuddin Amanullah, J. dismissed a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of lower court’s order whereby a prima facie case under Sections 420 and 120-B of the Indian Penal Code, 1860 was made out against petitioner.
In the present case, respondent 2 had on petitioner’s persuasion, he invested in a company named Panjon Finance and an agreement was executed between the parties where it was stipulated that shares would mature after four years when repayment would be made to the respondent by the company. It is alleged that upon expiry of the term, despite several reminders and request to pay back the amount as per terms of the agreement, the same was not done leading to filing of a complaint under IPC.
Learned counsels for the petitioner Mr Ajay Kumar Thakur, Mr Nilesh Kumar, Mr Pravin Kumar and Mr Udbhav submitted that the petitioner was merely an employee of the company and since he had only signed as a witness on the agreement, he could not be made criminally liable for non-performance of terms of the agreement. The dispute was purely a money dispute which could be resolved through civil law.
The Court opined that petitioner, in the capacity of the company’s local manager company, persuaded the respondent for investment. Respondent 2 had relied on him and his trust was belied by the petitioner. As such, a prima facie case was made out against the petitioner. Relying on the dictum in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 it was held that there was no infirmity in lower court’s order and the petition was dismissed.[Dharmendra Kumar v. State of Bihar,2018 SCC OnLine Pat 2218, decided on 13-12-2018]
