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2018 Supreme(Pat) 1140
IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajendra Menon, J.
Manish Kumar - Appellant
Vs.
State of Bihar - Respondent
Criminal Miscellaneous No. 18556 of 2015
Decided On : 11-07-2018
Advocate Appeared:
For the Appellant : Sanjay Singh
For the Respondent: Sanjay Kumar Pandey
Interpretation of Section 406 of I.P.C. in the context of civil loan disputes.
Headnote:
Quashing - Cognizance Order - Interpretation of Section 406 of I.P.C.
Fact of the Case:
The applicant took a sum of money in the garb of marriage and returned a portion by cheque, but the cheque bounced due to insufficient funds.
Finding of the Court:
The court found that the dispute pertained to a civil loan matter and did not fulfill the ingredients for the offence under Section 406 of I.P.C.
Issues: Whether the dispute was a civil matter or an offence under Section 406 of I.P.C.
Ratio Decidendi: The court interpreted the nature of the dispute and concluded that it was a civil matter related to a loan for marriage, not constituting the offence under Section 406 of I.P.C.
Final Decision: The court quashed the cognizance order for the offence under Section 406 of I.P.C.
Rajendra Menon, J.
Seeking quashing of the cognizance order dated 31.8.2010 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1715 (C) of 2010 for offence under Section 406 of I.P.C., this application has been filed under section 482 of Cr.P.C., 1973.
2. It is the case of the prosecution, namely the complainant, that he is a businessman and the applicant took a sum of Rs. 1,50,000/- in the garb of marriage of his daughter. The same was returned back by way of a Cheque on 18.2.2010 amounting to Rs. 1,20,000/- and the same was returned back due to insufficient fund in the account and thereafter the amount has not been paid.
3. On a bare reading of the complaint and the statement of the complainant available on record clearly shows that the matter pertains to grant of loan for marriage of the applicant's daughter and not returning the same and as such the dispute in question is a civil dispute with regard to a loan and no ingredients for the offence under Section 406 of I.P.C. is made out.
4. Accordingly, the order of cognizance dated 31.8.2010 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No.1715 (C) of 2010 for offence under Section 406 of I.P.C is quashed.
