JUDGMENT : Rajendra Menon, J. This application under section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing an order dated 26.05.2015 passed by the Judicial Magistrate 1st Class, Patna in Complaint Case No. 29475(C) of 2014 taking cognizance of an offence under Section 406 and 420 of the Indian Penal Code against the applicants. 2. The applicants herein are all officers of M/s Legrand (India) Private Limited, a company registered under the Companies Act (hereinafter referred to as 'the company'). They are the Directors and Officers managing the affairs of the company. The complainant approached the company for obtaining distribution of its product in the area of Jharkhand and by an agreement executed for a period from 01.01.2011 to 31.12.2011 distributorship was granted to the complainant. In pursuance to the agreement, the complainant deposited a security amount of Rs. 15,000/- and in terms of the agreement work of distributorship was conducted and it is the grievance of the complainant that he suffered a loss of Rs. 9,65,000/- as proper advice and facility for carrying out the business were not granted to the complainant. It is stated that the officers of the company did not guide the complainant, pressurized him for doing the business in a particular manner as a consequence thereof he suffered the loss. 3. Inter alia contending that the complainant suffered the loss because of the act of the petitioners, misguiding him, stopping his payment and taking several steps which amounts to criminal offence the complaint has been filed. A copy of the complaint is available on record and a bare reading of the complaint goes to show that there were differences between the parties in the execution of the contract work, settlement of the account and payment of certain amount. All the disputes as are made out from the body of the complaint are nothing but civil disputes relating to execution of the agreement in question, and I am of the considered view that in such a dispute purely civil in nature in the matter of execution of a contract for distributorship, the ingredients necessary for constituting an offence as contemplated under Sections 406 and 420 of the Indian Penal Code are not made out.
It is a case where the civil dispute is tried to be converted into a criminal case only for the purpose of deriving undue benefit and pressurizing the applicants. 4. Accordingly, finding it to be a fit case for interference in a proceeding under section 482 CrPC, 1973 this application is allowed. The proceedings in Complaint Case No. 29475(C) of 2014 pending in the court of the Judicial Magistrate 1st Class, Patna is quashed.