IMPORTANT POINT
The main legal principle established is that disputes primarily of a civil nature should not be given a criminal color, and the involvement of a juristic person in such disputes should be appropriately addressed in criminal proceedings.

JUDGMENT :

Heard learned counsel for the petitioners; learned A.P.P for the State along with learned counsel for the Opposite Party No.2.

2. The learned counsel for the petitioners submits that the present quashing application has been filed for setting aside the order dated 04.07.2016, passed by learned Judicial Magistrate 1st Class, Patna, in connection with Budha Colony P.S. Case No. 145 of 2015, Tr. No. 1357 of 2015, whereby cognizance of offences has been taken under Sections 406, 420 and 34 of the Indian Penal Code. The learned counsel next submits that the O.P. No.2 herein had instituted an F.I.R. being Budha Colony P.S. Case No. 145 of 2015, the said F.I.R. came to be instituted, based on the direction of the then S.S.P., Patna, on an application submitted by the O.P. No.2, herein, it is next submitted that the application submitted by the O.P. No., before the then S.S.P., Patna does not even remotely suggests that the concerned P.S. was not willing to take his F.I.R., which gives an impression that the O.P. No.2 intended to get an F.I.R. instituted at the behest of the then S.S.P., Patna, so that the concerned S.H.O. of the P.S. is under pressure to help the O.P. No.2 in getting his fanciful demand cleared.

3. It is next submitted that the allegation in the F.I.R. is that the informant i.e. O.P. No.2 was cheated by a Company, named, Richa Industries Ltd, the petitioners are the Chief Managing Director, Joint Managing Director and Executive Officer of the company, it is next alleged that the company finalized a sub-contract with the informant’s company for the construction of warehouse gowdowns at the Katihar for Bihar State Warehouse Corporation, Patna worth Rs. 10 crores and the informant in pursuance of the said sub-contract allotted, started working in April, 2015 investing crores of rupees, thereafter he raised bills of Rs. 62 lacs and 46 lacs but the petitioners failed to release payment even when they received an amount of Rs. 72 lacs from the principal i.e. Bihar State Warehouse Corporation (hereinafter referred as ‘Corporation’) on 19.06.2015, it is next alleged that the informant wrote to the Bihar State Warehouse Corporation in this regard but no action was taken, since the holy month of Ramzan was going on, but still the petitioners’ company did not release the payment to the informant, when labourers were dying for want of food and medicine, it is next alleged that the main contractor Richa Industries Ltd. is determined not to pay to the informant’s company its legitimate due, and is also extending threats to life through its musclemen.

4. The learned counsel thus submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the dispute was purely civil to which a criminal colour was given, it is next submitted that what is not in dispute rather stands admitted is that the O.P. No.2, in the F.I.R. alleges that an agreement was entered in between the petitioners and the O.P. No.2, in lieu whereof the sub contract was granted to the O.P. No.2 for constructing warehouse at Katihar.

5. The learned counsel next submits that company is a juristic person and it can sue and it can be sued, but the company has not been made an accused in the present F.I.R, as such, in absence of the company being made an accused, the prosecution against the petitioners cannot proceed. It is further submitted that company is incorporated under the Company Act, 1956.

6. The learned counsel further submits that the petitioners’ company was awarded a tender floated by Bihar State Warehousing Corporation for construction of gowdowns at many places in Bihar and a sub-contract was granted to the informant form by the petitioners’ company vide letter of award dated 18.02.2013 for constructing gowdown at Katihar within seven months, further Clause-8 of the said award clearly stipulated that the payment against the bill raised by the sub-contractor submitted along with approved signed and stamped copy of Bihar S