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2018 Supreme(SC) 1549
SUPREME COURT OF INDIA
Ranjan Gogoi, Abhay Manohar Sapre, R. Banumathi, JJ.
Sushil Kumar Bhansali - Appellant
Versus
State Of Bihar - Respondent
Criminal Appeal No. 209 of 2013 With Criminal Appeal No. 210 of 2013 with Criminal Appeal Nos. 2354, 2355 of 2014
Decided On : 09-05-2018
Mr. Mithilesh Kumar Singh, AOR, Mr. Pijush K. Roy, Mrs. Kakali Roy, Advocates, Mr. Rajan K. Chourasia, AOR., for the Appellants; Mr. Tripurari Ray, Mr. Balwant Singh Billowria, Mr. Parveen Kumar, Mr. Suresh Kumar Sharma, Advocates, Mr. Vishnu Sharma, AOR, Mr. Gopal Singh, AOR, Mr. Aditya Raina, Advocate, Ms. Abha R. Sharma, AOR, Mr. D.S. Parmar, Mr. Ankit Mishra and Mr. P.V. Singh, Advocates., for the Respondents
Dispute of civil nature not amounting to an offence under Section 409 IPC
Headnote:
Section 409 IPC - Allegation of non-supply of gas cylinders - Dispute of civil nature - Quashing of criminal proceedings
Fact of the Case:
Allegation of non-supply of gas cylinders leading to criminal proceedings under Section 409 IPC
Finding of the Court:
The dispute is civil in nature and no offence under Section 409 IPC is made out against the accused appellants
Issues: Alleged offence under Section 409 IPC, nature of the dispute
Ratio Decidendi: Dispute between the parties is civil in nature, not amounting to an offence under Section 409 IPC
Final Decision: Orders of the High Court refusing to quash the criminal proceedings are set aside and the proceedings are quashed
ORDER
Criminal Appeal No. 209 of 2013, Criminal Appeal No. .2354 of 2014 and Criminal Appeal No. 2355 of 2014
1. We have heard the learned counsels for the parties.
2. Offence under Section 409 IPC has been alleged against the accused appellants on the basis of certain payments made to them for supply of gas cylinders, which allegedly had not been supplied. Even assuming the allegations made in the complaints to be correct, no offence under Section 409 IPC is made out against the accused appellant(s). The dispute between the parties clearly is civil in nature.
3. In view of the above, the orders of the High Court refusing to quash the criminal proceedings are set aside and the proceedings in question i.e. (i) Complaint Case No.787 of 2001, pending before the learned Judicial Magistrate, 1 st Class, Muzaffarpur; and (2) FIR being Muzaffarpur Twon P.S. Case No. 325 of 2005 shall stand quashed.
4. The appeals are allowed in terms of the above.
Criminal Appeal No. 210 OF 2013
1. Heard the learned counsels for the parties.
2. By order of this Court dated 16 th August, 2012 pre-arrest bail has been granted to the accused appellant. By order passed today i.e. 9 th May, 2018 in Criminal Appeal Nos. 209 of 2013, 2354 of 2014 and 2355 of 2014 the proceedings in question against the accused appellants have been quashed. Consequently, the present appeal has become in fructuous and is disposed of as such.
