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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANJAY PRIYA, J.
M/s. P.P. Publication and Others – Petitioners
Versus
The State of Bihar and Another – Opposite Parties
Criminal Miscellaneous No. 17379 of 2014
Decided On : 03-08-2017
MENS REA - Criminal Procedure - Indian Penal Code - Sections 403, 418, 420/34 - Section 138 of the Negotiable Instruments Act, 1881 - Section 406 - The court found that the basic ingredients of dishonour, misappropriation, and cheating were not present in the case. The complainant's complaint was deemed an abuse of the process of the court and the criminal proceeding against the petitioners was quashed.
Fact of the Case:
The complainant alleged that the petitioners were planning to grab the balance amount and misuse the cheques deposited as security. The court found that the basic ingredients of the alleged offenses were not present.
Finding of the Court:
The court found that the complaint was an abuse of the process of the court and mere harassment to the petitioners.
Issues: The main issue was whether the complaint filed by the complainant was bona fide and if the allegations contained mens rea on the part of the accused.
Ratio Decidendi: The court found that the basic ingredients of the alleged offenses were not present, and the complaint was an abuse of the process of the court.
Final Decision: The impugned order passed by the Judicial Magistrate, along with the entire criminal proceeding against the petitioners, was quashed.
SANJAY PRIYA, J.
1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 23.09.2013 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No. 1828-C of 2012 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners for the offence under Sections 403, 418, 420/34 Indian Penal Code.
2. It has been submitted on behalf of the petitioners that from the Complaint Petition it appears that there is no mens rea on the part of the petitioners. He has further submitted that after issuing legal notice dated 16.05.2012 (Annexure-2) on behalf of these petitioners to the complainant due to dishounour of cheque issued by him with endorsement that account closed, the complainant had sent notice dated 05.06.2012 to the petitioners stating that Rs. 38,340/- is due to them and also requested to return the two cheques deposited by him as security with the petitioners. Immediately just after 24 days of sending the notice, complaint case was filed by the complainant against the petitioners alleging that they apprehend that two cheques deposited with the petitioners as Security may be misused.
3. The learned Magistrate after holding enquiry has found prima face case against these petitioners for the offence under Sections 403, 418, 420/34 Indian Penal Code.
4. Learned counsel for the petitioners has pointed out Solemn Affirmation of the complainant, wherein, the complainant has stated to a Courts question that cheque has not been misused till date.
5. It is alleged in the Complaint Petition that in course of business transaction the complainant issued two cheques bearing No. 936982 and 936990 of Canara Bank, Rajendra Nagar Branch, Patna, in favour of the petitioner no. 1 and delivered the same to the petitioners on 01.03.2011, which was accepted by them on the same day. Thereafter, the petitioner supplied books to the complainant and business continued till 31.03.2012. Thereafter, the business transaction between the parties came to an end. By that time, the complainant had purchased books worth Rs. 12,57,556/- whereas, till that date the complainant had paid amount of Rs. 12,95,896/- to the petitioners either through cash or through cost of the returned books as well as other modes. The ledger account has been annexed as Annexure-1.
6. It is further alleged that after closure of the business on 31.03.2012, the complainant made demand with the petitioners for reimbursement of closing balance amount amounting to Rs. 38,340/- as well as return of the two cheques deposited as security with them but the accused persons evaded the request.
7. It is further alleged in the Complaint Petition that behaviour of the petitioners shows that they are intentionally planning to grab the balance amount of the complainant and also to misuse both cheques.
8. Legal notice was sent to the petitioners on 05.06.2012 and finally complaint was filed on 29.06.2012 against the petitioners.
9. The point for consideration before this Court is that: Whether the complaint filed by the complainant on 29.06.2012 against the petitioners was bona-fide and the allegations made in the Complaint Petition contains any mens rea on the part of the accused?
10. There is allegation in the Complaint Petition that the complainant suspects from the conduct of the petitioners that they are trying to grab the balance amount of the complainant i.e. Rs. 38,340/- and also planning to misuse both the cheques deposited by the complainant with the petitioners as security. Solemn Affirmation of the complainant has been read over by the counsel for the petitioners. This Court has also perused the Solemn Affirmation of the complainant available on record, wherein, to a Courts question, the complainant has specifically stated that the cheque has not been misused till date.
11. On the other hand, there is specific statement on behalf of the petitioners that prior to lodging of the compl
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