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Patna High Court

HEMANT KUMAR DASversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner, being merely an introducer and the dispute being civil, is not liable under Sections 406 and 420 IPC, and the order taking cognizance is quashed.

Summary

Hemant Kumar Das filed a petition to quash the order dated 11‑04‑2013 that took cognizance against him under Sections 406 and 420 IPC in a case arising from a contract dispute between the informant, Shivram Krishna Gupta, and Rabindra Bhavan Parishad. The FIR alleged that Das, as the introducer, induced the contract, leading to non‑payment for a generator installed by the informant. The petitioner argued that he was only an introducer and not a party to the contract, making the dispute civil rather than criminal. The informant contended that Das’s role in introducing the parties made him liable. The High Court held that Das’s role was limited to introduction, the matter was civil in nature, and therefore the criminal proceedings were improper, quashing the order and allowing the petition.

Issues considered

  • Whether an introducer to a contract can be held liable under Sections 406 and 420 IPC.
  • Whether the dispute arising from non‑payment under a contract is civil in nature and not cognizable as a criminal offence.
  • Whether the order taking cognizance against the petitioner should be quashed.

Legislation cited

Subjects

  • criminal breach of trust
  • cheating
  • quash of criminal proceedings
  • introducer liability
  • civil contract dispute
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64936 of 2022
                        Arising Out of PS. Case No.-257 Year-2012 Thana- KOTWALI District- Patna
                 ======================================================
                 HEMANT KUMAR DAS Son of Late Awadhesh Kumar Das Resident of Flat
                 504A, White House Apartment, Buddh Marg, P.S.- Kotwali, Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    SHIVRAM KRISHNA GUPTA SON OF LATE S. R. GUPTA RESIDENT
                 OF VILLAGE- OWNER OF M/S S.K. KRISHNA AND CO. SATKAR
                 HOTEL, DAK BUNGLOW CHAURAHA, PS- KAOTWALI, PATNA

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Singh, Sr. Adv.
                                                   Mr.Nikhil Kumar Agrawal, Adv.
                                                   Mrs.Aditi Hansaria, Adv.
                                                   Mr.Keshav Bhardwaj, Adv.
                 For the State            :        Mr. J.N. Thakur, APP
                 For the Informant        :        Mr.Sanjay Kumar, Adv.
                                                   Mr.Kushagra Kaustubh Ojha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   16-02-2026                   Heard the learned counsel for the petitioner as well as

                   the learned APP for the State and the learned counsel for the

                   informant.

                                 2. The present application is being filed for quashing

                   the order dated 11.04.2013 passed by Sri Harsh Wardan, the

                   Learned Judicial Magistrate, Second Class, Patna, in Kotwali

                   P.S. Case No. 257 of 2012 dated 28.05.2012, whereby

                   cognizance has been taken under Sections 406 and 420 of the

                   Indian Penal Code against the petitioner, as well as for setting

                   aside the entire criminal proceedings against the petitioner.
Patna High Court CR. MISC. No.64936 of 2022(4) dt.16-02-2026
                                            2/3




                       3. According to FIR, there was contract between the

          informant and Rabindra Bhavan. The informant installed

          generator, but Rabindra Bhavan did not make payment. It is

          alleged that it was the petitioner, on whose instigation, the

          contract was entered into between the parties.

                       4. Mr. Sanjay Singh, the learned senior counsel for the

          petitioner has submitted that from bare perusal of the FIR, it

          transpires that the status of the petitioner is merely that of an

          introducer. He is not party to the contract. The contract is

          between the informant/firm and the Rabindra Bhavan Parishad.

          It has further been submitted that moreover, it is a case of civil

          nature. The cognizance against other accused persons has been

          quashed.

                       5. On the other hand, the learned counsel for the

          informant has submitted that it was the petitioner, who

          introduced the informant to enter into contract with the

          Rabindra Bhavan Parishad.

                       6. The status of the petitioner appears only that of an

          introducer between the parties. Moreover, if there is violation of

          terms and conditions of the contract, the ultimate remedy lies

          before the civil court of competent jurisdiction and not before

          the criminal court.
           Patna High Court CR. MISC. No.64936 of 2022(4) dt.16-02-2026
                                                       3/3




                                  7. Considering the above-mentioned facts and

                     circumstances, the order dated 11.04.2013 passed by the learned

                     Judicial Magistrate, 2nd Class, Patna whereby cognizance has

                     been taken against the petitioner in connection with Kotwali P.S.

                     Case No. 257 of 2012 is hereby quashed.

                                  8. Accordingly, this criminal miscellaneous petition

                     stands allowed.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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