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Patna High Court

Devendra Kumar Mishra @ Deo MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the dispute is essentially civil and directed referral to mediation with interim pre‑arrest bail, refraining from proceeding with the criminal complaint.

Summary

The petitioner, Devendra Kumar Mishra, sought protection from arrest in a criminal complaint filed by M/s Pawanand Marketing under Sections 406, 420 and 409 IPC alleging breach of trust and fraud. The dispute arose from an alleged outstanding amount of Rs. 4,51,335.07 relating to a business relationship that the petitioner contends is purely a civil commercial matter, with the complainant having issued fabricated bills and refusing to produce ledgers. The petitioner requested that the matter be referred to mediation and that he be released on pre‑arrest bail, arguing that criminal proceedings are an abuse of process. The State opposed the plea but did not contest the possibility of an amicable settlement. The High Court, relying on Supreme Court precedents, held that the complaint appears to be a civil transaction cloaked in criminal language and therefore ordered the matter to be referred to the District Mediation Centre, directing the district court to issue notice and grant interim protection to the petitioner. The application for protection was disposed of, with directions for mediation and conditional bail.

Issues considered

  • Whether the complaint under Sections 406, 420 and 409 IPC discloses a criminal offence or merely a civil commercial dispute.
  • Whether the High Court can, under its inherent powers under Section 482 CrPC, direct mediation and grant pre‑arrest bail to prevent abuse of process.
  • Whether the criminal proceedings should be quashed or stayed pending settlement of the civil dispute.

Legislation cited

Subjects

  • criminal breach of trust
  • civil commercial dispute
  • mediation
  • pre‑arrest bail
  • abuse of process
  • Section 406 IPC
  • Section 482 CrPC
  • quash of criminal proceedings

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10118 of 2026
                 Arising Out of PS. Case No.-5821 Year-2024 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Devendra Kumar Mishra @ Deo Mishra S/o- Sudhakar Mishra Resident of
                 Near Malahi pakri chowk P.S- Kankarbagh District- Patna

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    M/s Pawanand Marketing through its Proprietor Sri Pawan Kumar R/v-
                 Lohiya Nagar Ps- Patrakar Nagar Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rohan Kumar, Advocate
                 For the Opposite Party/s :     Mr.Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   12-03-2026                    Heard Mr. Rohan Kumar, learned counsel appearing

                   on behalf of the petitioner and Mr. Anil Kumar Singh No. 1,

                   learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 5821(C) of 2024 registered under

                   Sections 406, 420 and 409 of the Indian Penal Code.

                                3. As per the allegation made in the complaint, the

                   complainant and the petitioner had engaged in a business

                   relationship since 2016 and they were well acquainted with each

                   other. The complainant carries on business of pet food products

                   under the name M/S Pawananand Marketing as a wholesaler of

                   pedigree items, while the accused, Gajendra Kumar Mishra,
Patna High Court CR. MISC. No.10118 of 2026(2) dt.12-03-2026
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          operates a retail business under the proprietorship firm Pets

          World. Both parties maintained cordial business relations and

          conducted transactions in good faith until August 2021.

          Thereafter the complainant started delaying payments, and as

          per the complainant’s ledger an amount of Rs. 4,51,335.07/-

          remained outstanding from the last financial year. Despite

          issuance of a legal notice demanding payment, the said amount

          was not cleared, which lead to the institution of the present case.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner is innocent and he has

          falsely been implicated in the case. The criminal proceedings

          arising out of Complaint Case No. 5821(C) of 2024, in which

          cognizance was taken under Sections 406 IPC, have been

          initiated without proper appreciation of facts and in misuse of

          the criminal process. The petitioner had regularly made

          payments to the complainant and his Market Representative

          through both cash and online modes, however, the complainant

          has allegedly made false and misleading claims and issued

          fabricated bills, not only in relation to the petitioner but also

          with other shopkeepers. Despite repeated requests by the

          petitioner for production of both his ledger and the company’s

          official ledger, as well as, adjustment of amounts relating to
Patna High Court CR. MISC. No.10118 of 2026(2) dt.12-03-2026
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          sales returns, the complainant failed to furnish the same and

          allegedly threatened the petitioner. The complainant had similar

          disputes with other traders, due to which the company

          ultimately terminated his dealership. The petitioner points out

          that the complainant himself admitted certain outstanding

          figures in the complaint petition, while several payments made

          by the petitioner during the year 2022, though acknowledged in

          the complaint, were not reflected in the ledger. The bills were

          raised for goods that were never received by the petitioner. The

          petitioner asserts his willingness to settle the matter on the basis

          of the company’s official ledger after due adjustment of returned

          goods, contending that the dispute arises out of a contractual

          business transaction and is purely civil in nature, for which a

          criminal proceeding under Section 406 is not maintainable. The

          matter primarily relates to monetary transaction between the

          parties and for amicable settlement of dispute between the

          parties outside the Court, the matter be referred for mediation.

                       5. Per contra, learned APP appearing on behalf of the

          State submitted that a chance be                 given to the parties for

          amicable settlement outside the court.

                       6. Learned counsel appearing on behalf of the

          petitioner, on instructions, submitted that the petitioner has
Patna High Court CR. MISC. No.10118 of 2026(2) dt.12-03-2026
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          agreed to appear before the learned District Court at 10:30 A.M.

          on 24.03.2026.

                       7. Heard the parties

                       8. Having considered the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the F.I.R., I am of the opinion that an opportunity is

          required to be given to the parties to settle their score amicably

          outside the Court.

                       9. In this regard, I find it apt to take note of the

          observation made by the Apex Court in case of Paramjeet

          Batra v. State of Uttarakhand reported in (2013) 11 SCC 673,

          in which, the Apex Court in paragraph no. 12 has held as

          follows:

                                              "12. While exercising its jurisdiction
                                  under Section 482 of the Code the High Court has to
                                  be cautious. This power is to be used sparingly and
                                  only for the purpose of preventing abuse of the
                                  process of any court or otherwise to secure ends of
                                  justice. Whether a complaint discloses a criminal
                                  offence or not depends upon the nature of facts
                                  alleged therein. Whether essential ingredients of
                                  criminal offence are present or not has to be judged
                                  by the High Court. A complaint disclosing civil
                                  transactions may also have a criminal texture. But
                                  the High Court must see whether a dispute which is
                                  essentially of a civil nature is given a cloak of
                                  criminal offence. In such a situation, if a civil
                                  remedy is available and is, in fact, adopted as has
                                  happened in this case, the High Court should not
                                  hesitate to quash the criminal proceedings to
                                  prevent abuse of process of the court."
                                                                   (emphasis supplied)

                        10. The Apex Court has reiterated the aforesaid
Patna High Court CR. MISC. No.10118 of 2026(2) dt.12-03-2026
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          proposition in recent judgment of S. N. Vijayalakshmi & Ors.

          vrs. The State of Karnataka and Anr. reported in (2025) SCC

          Online SC 1575.

                        12. The petitioner has willingly desired to appear

          before the learned District Court on or before 24.03.2026, so

          that the matter can be referred to the District Mediation Centre.

                       13. Learned District Court is directed to issue notice

          to O.P. No.2 and take necessary steps to refer the matter before

          the learned Mediator of the District Mediation Center by fixing

          a date for appearance of the parties to give effect to “Mediation

          for the Nation 2.0”.

                       14. Learned Mediator of the District Mediation Center

          concerned, upon appearance of the parties, shall make his/her

          best efforts to settle the dispute amicably and thereafter submit

          his/her report before the concerned learned District Court, well

          within a period of three months, till then, no coercive action

          shall be taken against the petitioner in connection with the

          aforesaid case.

                       15. In case, the parties resolve their dispute amicably

          or arrive at a mutual settlement, in light of the law laid down by

          the Apex Court as referred hereinabove, the petitioner is

          required to be released on pre-arrest bail on such terms and
           Patna High Court CR. MISC. No.10118 of 2026(2) dt.12-03-2026
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                     conditions as the learned District Court deems it fit and proper.

                                  16. In case of failure on the part of the petitioner to

                     appear on 24.03.2026 before the learned District Court or any

                     date fixed by the learned Mediator, the interim protection

                     granted to the petitioner shall automatically lose its force.

                                  17. In case, it is deliberate on the part of the

                     complainant to reconcile, then in that case, the             interim

                     protection granted to the petitioner shall continue and the trial

                     shall proceed in accordance with law.

                                  18. In case, the parties fail to reconcile, then in that

                     case, parties may avail appropriate remedy. Then also, petitioner

                     is directed to be released on pre-arrest bail on such terms and

                     conditions as the learned District Court deems it fit and proper.

                                  19. If both the parties arrive at amicable settlement,

                     then they must withdraw the criminal cases, if any, which they

                     have lodged against each other.

                                  20.    With aforesaid direction and observation, the

                     present application stands disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-
U      T


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