Chitra Rani Chatterjee And Anr vs State Of Bihar And Anr on 4 August, 2026

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    Patna High Court

    Chitra Rani Chatterjee And Anr vs State Of Bihar And Anr on 4 August, 2026

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL MISCELLANEOUS No.33138 of 2018
           Arising Out of PS. Case No.-264 Year-2017 Thana- KATIHAR NAGAR District- Katihar
         ======================================================
    1.    Chitra Rani Chatterjee, Wife of Samir Kumar Chatterjee
    2.   Sumit Kumar Mukherjee, Son of Prafull Mukharji @ Mukharjee, both are
         Resident of Mohalla- LalkothiChuramil, P.S. Katihar, Distt. Katihar.
                                                                     ... ... Petitioners
                                          Versus
    1.   State of Bihar
    2.    Chanda Devi W/o Triveni Prasad Biswas Resident of Anathalaya Road
          House of Rani Chaudhary, P.S. and District- Katihar.
                                                               ... ... Opposite Parties
         ======================================================
         Appearance :
         For the Petitioners     :        Mr. Bhola Prasad, Advocate
                                          Mr. Mukesh Kumar Jha, Advocate
         For the Opposite Party-State:    Mr. Jharkhandi Upadhyay, APP
         For Opposite Party No.2 :        Mr. Raghvendra Kumar Singh, Advocate
         ======================================================
         CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
         ORAL JUDGMENT

    Date : 04-08-2026
    Heard learned counsel for the petitioners and learned

    Additional Public Prosecutor for the State as well as learned

    SPONSORED

    counsel for opposite party No.2.

    2. The petitioners have filed this application

    seeking quashing of the impugned order dated 29.01.2018 passed

    by the learned Chief Judicial Magistrate, Katihar, in Katihar (N)

    P.S. Case No. 264 of 2017, whereby cognizance has been taken

    against the petitioners for the offences punishable under Sections

    420, 406, 465, 467 and 120B of the Indian Penal Code (IPC) and

    they have been summoned for appearance.

    3. As per the allegation, the informant entered

    into an agreement with the power of attorney holders, namely,
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    Deepa Devi and Shravan @ Shravan Kumar Mishra, to purchase 8

    decimals and 4 kari of land situated at Plot No. 132, Khata No.

    163 in Katihar, while the petitioners are said to be the owners of

    the land in question. As per the agreement, the same was entered

    between the informant and co-accused Deepa Devi and Shravan @

    Shravan Kumar Mishra, who is the husband of Deepa Devi, and a

    total sale consideration was fixed at ₹22,80,000/- and, upon

    execution of the agreement, an advance payment of Rs. Two lakhs

    was paid by the informant on 20.01.2015. It has further been

    alleged that over the time, the informant paid a total amount of

    ₹12,45,000/- through various cheques and cash to the accused

    persons. It has further been alleged that the informant was called to

    the Registry Office on 22.04.2016 for the execution of registered

    sale deed, where both the petitioners were present along with other

    co-accused persons and one Jai Nandan Paswan. It is thereafter

    alleged that the informant paid an additional sum of ₹1,00,000/- to

    one Vishwajeet Kumar, a Clerk working at the Registry Office. It

    has further been alleged that despite the presence of the parties and

    payment to the Munshi/Clerk, the registration was not completed

    that day and the informant was asked to return home and told that

    she would be called back on some other day for execution of the

    registered sale-deed. It has further been alleged that after waiting
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    for over a month and as no call was made, when the informant

    visited the house of Shravan @ Shravan Kumar Mishra, where the

    petitioners and others were also present, she was informed that due

    to some disturbance, execution could not be completed and they

    avoided executing the sale deed. It has further been alleged that

    thereafter a village panchayati was convened and in the said

    panchayati, the accused side agreed that if informant cannot wait

    any longer, they would return the money. Pursuant to the said

    panchayati, co-accused Shravan @ Shravan Kumar Mishra handed

    over a cheque of ₹50,000/- to the informant, however, upon

    presentation, the cheque bounced due to insufficiency of funds.

    4. Learned counsel for the petitioners has

    submitted that the petitioners have falsely been implicated in the

    present case as they happen to be the owners of the land, while the

    attorney holders were co-accused Deepa Devi and Shravan @

    Shravan Kumar Mishra. Learned counsel for the petitioners has

    further submitted that investigation proceeded in a perfunctory

    manner and charge-sheet too came to be submitted against the

    petitioners and others and the learned Magistrate took cognizance

    against the petitioners in a mechanical manner without applying

    judicial mind. It has further been submitted that from a bare

    perusal of the FIR, it is apparent that the petitioners have neither
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    executed any agreement for sale with the informant or have

    received a single penny from the complainant. It has further been

    submitted that even if the case was accepted to be true against the

    petitioners, although denying the same, the best remedy available

    to the informant was to file a suit for specific performance of

    contract before the competent court of civil jurisdiction, but the

    present case has been lodged under the criminal forum only to

    blackmail and to put pressure. It has further been submitted that

    the FIR was lodged after a delay of 11 days.

    4.1 Learned counsel for the petitioners has further

    submitted that co-accused Shravan @ Shravan Kumar Mishra had

    also filed a complaint case against the present informant, which

    was sent to the police for institution of the FIR under the

    provisions of Section 156(3) Cr.P.C. It has further been submitted

    that co-accused Shravan @ Shravan Kumar Mishra and Deepa

    Devi were allowed anticipatory bail on the condition that they

    would return the money, which goes to show that the money was

    taken by co-accused Shravan @ Shravan Kumar Mishra and

    Deepa Devi and the petitioners had no role to play.

    4.2. Learned counsel for the petitioners has

    submitted, referring to the judgment of the Hon’ble Supreme

    Court, in the case of Rikhab Birani and Another Versus State of
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    Uttar Pradesh and Another, reported in 2025 SCC OnLine 823,

    that non-payment of money or disregard to and violation of

    contractual terms does not constitute a criminal offence. Learned

    counsel for the petitioners has also referred to the judgments of the

    Hon’ble Supreme Court, in the case of Lalit Chaturvedi v. State of

    U.P., reported in 2024 SCC OnLine SC 171, and in the case of

    Mohd. Ibrahim v. State of Bihar, reported in (2009) 8 SCC 751.

    He has placed reliance on paragraph 18 of the judgment in the case

    of Mohd. Ibrahim (supra), wherein the Hon’ble Supreme Court

    has, referring to section 420 of the IPC, observed that the offence

    under the said Section requires the following ingredients to be

    satisfied, which is reproduced hereinbelow: –

    “18. Let us now examine whether
    the ingredients of an offence of cheating are
    made out. The essential ingredients of the
    offence of “cheating” are as follows:

    (i) deception of a person either by
    making a false or misleading representation or
    by dishonest concealment or by any other act
    or omission;

    (ii) fraudulent or dishonest
    inducement of that person to either deliver any
    property or to consent to the retention thereof
    by any person or to intentionally induce that
    person so deceived to do or omit to do
    anything which he would not do or omit if he
    were not so deceived; and
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    (iii) such act or omission causing or
    is likely to cause damage or harm to that
    person in body, mind, reputation or property.”

    4.3. Learned counsel for the petitioners has also

    submitted that in the case of Delhi Race Club (1940) Ltd. v. State

    of U.P., reported in (2024) 10 SCC 690, the Hon’ble Supreme

    Court has highlighted the fine distinction between the offences of

    criminal breach of trust and cheating observing that the two are

    antithetical in nature and cannot coexist simultaneously. Police

    Officers and courts must carefully apply their minds to determine

    whether the allegations genuinely constitute the specific offence

    alleged.

    4.4. It has further been submitted, referring to the

    judgment of the Hon’ble Supreme Court, in the case of Kunti v.

    State of U.P., reported in (2023) 6 SCC 109, that the Hon’ble

    Supreme Court has observed that a breach of contract does not

    give rise to criminal prosecution for cheating, unless fraudulent or

    dishonest intention is shown right at the beginning of the

    transaction. Merely on the allegation of failure to keep a promise

    will not be enough to initiate criminal proceedings. Thus, the

    dishonest intention on the part of the party, who is alleged to have

    committed the offence of cheating, should be established at the
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    time of entering into the transaction with the complainant,

    otherwise the offence of cheating is not established or made out.

    4.5. It has further been submitted that the

    petitioners never induced the informant in any manner, rather it

    was co-accused Shravan @ Shravan Kumar Mishra and Deepa

    Devi, who had entered into an agreement with the informant and

    the petitioners were not present at the time of the said agreement.

    It has further been submitted that the entire money was paid into

    the account of co-accused Shravan @ Shravan Kumar Mishra and

    Deepa Devi. It has further been submitted that the cheque was

    allegedly issued by co-accused Shravan @ Shravan Kumar

    Mishra, while the complainant has not lodged a complaint, rather a

    FIR was lodged, which is not maintainable. Moreover, there is no

    averment that any legal notice was sent and the requirement of

    Section 138 of the Negotiable Instruments Act was complied.

    5. Learned Additional Public Prosecutor for the

    State as well as learned counsel for the opposite party No.2 has

    vehemently opposed the prayer of the petitioners. Learned counsel

    for the opposite party No.2 has submitted that the petitioners have

    actively defrauded the informant and there was meeting of minds

    with co-accused Shravan @ Shravan Kumar Mishra and Deepa
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    Devi and the petitioners were well present at the Registry Office

    and at other places.

    5.1. Learned counsel for the opposite party No.2

    has also placed reliance upon the judgment rendered by a

    coordinate Bench of this Court, dated 18.08.2025, in the case of

    Manoj Nari Sainani @ Manoj Sainani and Others vs. The State

    of Bihar and Others (Cr. Misc. No. 29313 of 2025) and has

    submitted that even though the case was of the civil nature, but

    since their intention was to cheat, therefore, criminal and civil

    liability would lie against the petitioners.

    6. Heard learned counsel for the parties and

    perused the records.

    7. On a careful analysis of the facts of the case

    what emerges out is that the petitioners never entered into an

    agreement with the informant even though they are the land

    owners, while the power of attorney was with co-accused Shravan

    @ Shravan Kumar Mishra and Deepa Devi, who took the money.

    The consideration amount was either paid to them in cash or in

    their bank accounts.

    8. At this stage, this Court deems it appropriate to

    refer to the judgment of the Hon’ble Supreme Court, in the case of

    Usha Chakraborty v. State of W.B., reported in (2023) 15 SCC
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    135, wherein dealing with similar issue, it has been observed in

    paragraphs 8, 9, 10, 11 and 12, as under: –

    8. In Paramjeet Batra v. State of
    Uttarakhand [Paramjeet Batra v. State of
    Uttarakhand, (2013) 11 SCC 673 : (2012) 4
    SCC (Cri) 76], this Court held : (SCC p. 676,
    para 12)
    “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 the
    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.”

    9. In Vesa Holdings (P) Ltd. v. State
    of Kerala [Vesa Holdings (P) Ltd. v. State of
    Kerala, (2015) 8 SCC 293 : (2015) 3 SCC
    (Cri) 498] , it was held that : (SCC pp. 297-98,
    para 13)
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    “13. It is true that a given set
    of facts may make out a civil wrong as
    also a criminal offence and only because
    a civil remedy may be available to the
    complainant that itself cannot be a
    ground to quash a criminal proceeding.
    The real test is whether the allegations in
    the complaint disclose the criminal
    offence of cheating or not. In the present
    case there is nothing to show that at the
    very inception there was any intention
    on behalf of the accused persons to cheat
    which is a condition precedent for an
    offence under Section 420IPC. In our
    view the complaint does not disclose
    any criminal offence at all. The criminal
    proceedings should not be encouraged
    when it is found to be mala fide or
    otherwise an abuse of the process of the
    court. The superior courts while
    exercising this power should also strive
    to serve the ends of justice. In our
    opinion in view of these facts allowing
    the police investigation to continue
    would amount to an abuse of the process
    of the court and the High Court
    committed an error in refusing to
    exercise the power under Section 482 of
    the Criminal Procedure Code to quash
    the proceedings.”

    10. In Kapil Aggarwal v. Sanjay
    Sharma [Kapil Aggarwal
    v. Sanjay Sharma,
    (2021) 5 SCC 524 : (2021) 2 SCC (Cri) 634],
    this Court held that Section 482 is designed to
    achieve the purpose of ensuring that criminal
    proceedings are not permitted to generate into
    weapons of harassment.

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    11. In the decision in State of
    Haryana v. Bhajan Lal [State of Haryana
    v.
    Bhajan Lal, 1992 Supp (1) SCC 335 : 1992
    SCC (Cri) 426], a two-Judge Bench of this
    Court considered the statutory provisions as
    also the earlier decisions and held as under :

    (SCC pp. 378-79, para 102)
    “102. … (1) Where the
    allegations made in the first information
    report or the complaint, even if they are
    taken at their face value and accepted in
    their entirety do not prima facie
    constitute any offence or make out a
    case against the accused.

    (2) Where the allegations in
    the first information report and other
    materials, if any, accompanying the FIR
    do not disclose a cognizable offence,
    justifying an investigation by police
    officers under Section 156(1) of the
    Code except under an order of a
    Magistrate within the purview of Section
    155(2) of the Code.

    (3) Where the uncontroverted
    allegations made in the FIR or complaint
    and the evidence collected in support of
    the same do not disclose the commission
    of any offence and make out a case
    against the accused.

    (4) Where the allegations in
    the FIR do not constitute a cognizable
    offence but constitute only a non-

    cognizable offence, no investigation is
    permitted by a police officer without an
    order of a Magistrate as contemplated
    under Section 155(2) of the Code.

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    (5) Where the allegations
    made in the FIR or complaint are so
    absurd and inherently improbable on the
    basis of which no prudent person can
    ever reach a just conclusion that there is
    sufficient ground for proceeding against
    the accused.

    (6) Where there is an express
    legal bar engrafted in any of the
    provisions of the Code or the Act
    concerned (under which a criminal
    proceeding is instituted) to the
    institution and continuance of the
    proceedings and/or where there is a
    specific provision in the Code or the
    concerned Act, providing efficacious
    redress for the grievance of the
    aggrieved party.

    (7) Where a criminal
    proceeding is manifestly attended with
    mala fide and/or where the proceeding is
    maliciously instituted with an ulterior
    motive for wreaking vengeance on the
    accused and with a view to spite him
    due to private and personal grudge.”

    12. In Neeharika Infrastructure (P)
    Ltd. v. State of Maharashtra [Neeharika
    Infrastructure (P) Ltd. v. State of Maharashtra,
    (2021) 19 SCC 401], a three-Judge Bench of
    this Court laid down the following principles
    of law : (SCC pp. 444-45, para 13)
    “13. From the aforesaid
    decisions of this Court, right from the
    decision of the Privy Council in
    Khawaja Nazir Ahmad [King Emperor v.

    Khwaja Nazir Ahmad, 1944 SCC
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    OnLine PC 29 : (1943-44) 71 IA 203],
    the following principles of law emerge:

    13.1. Police has the statutory
    right and duty under the relevant
    provisions of the Code of Criminal
    Procedure
    contained in Chapter XIV of
    the Code to investigate into cognizable
    offences;

    13.2. Courts would not thwart
    any investigation into the cognizable
    offences;

    13.3. However, in cases where
    no cognizable offence or offence of any
    kind is disclosed in the first information
    report the Court will not permit an
    investigation to go on;

    13.4. The power of quashing
    should be exercised sparingly with
    circumspection, in the ‘rarest of rare
    cases’. (The rarest of rare cases standard
    in its application for quashing under
    Section 482CrPC is not to be confused
    with the norm which has been
    formulated in the context of the death
    penalty, as explained previously by this
    Court);

    13.5. While examining an
    FIR/complaint, quashing of which is
    sought, the court cannot embark upon an
    enquiry as to the reliability or
    genuineness or otherwise of the
    allegations made in the FIR/complaint;

    13.6. Criminal proceedings
    ought not to be scuttled at the initial
    stage;

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    13.7. Quashing of a
    complaint/FIR should be an exception
    and a rarity than an ordinary rule;

    13.8. Ordinarily, the courts are
    barred from usurping the jurisdiction of
    the police, since the two organs of the
    State operate in two specific spheres of
    activities. The inherent power of the
    court is, however, recognized to secure
    the ends of justice or prevent the above
    of the process by Section 482CrPC.

    13.9. The functions of the
    judiciary and the police are
    complementary, not overlapping;

    13.10. Save in exceptional
    cases where non-interference would
    result in miscarriage of justice, the Court
    and the judicial process should not
    interfere at the stage of investigation of
    offences;

    13.11. Extraordinary and
    inherent powers of the Court do not
    confer an arbitrary jurisdiction on the
    Court to act according to its whims or
    caprice;

    13.12. The first information
    report is not an encyclopaedia which
    must disclose all facts and details
    relating to the offence reported.

    Therefore, when the investigation by the
    police is in progress, the court should
    not go into the merits of the allegations
    in the FIR. Police must be permitted to
    complete the investigation. It would be
    premature to pronounce the conclusion
    based on hazy facts that the
    complaint/FIR does not deserve to be
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    investigated or that it amounts to abuse
    of process of law. During or after
    investigation, if the investigating officer
    finds that there is no substance in the
    application made by the complainant,
    the investigating officer may file an
    appropriate report/summary before the
    learned Magistrate which may be
    considered by the learned Magistrate in
    accordance with the known procedure;

    13.13. The power under
    Section 482CrPC is very wide, but
    conferment of wide power requires the
    court to be cautious. It casts an onerous
    and more diligent duty on the court;

    13.14. However, at the same
    time, the court, if it thinks fit, regard
    being had to the parameters of quashing
    and the self-restraint imposed by law,
    more particularly the parameters laid
    down by this Court in R.P. Kapur [R.P.
    Kapur v. State of Punjab
    , 1960 SCC
    OnLine SC 21 : AIR 1960 SC 866] and
    Bhajan Lal [State of Haryana v. Bhajan
    Lal
    , 1992 Supp (1) SCC 335 : 1992 SCC
    (Cri) 426], has the jurisdiction to quash
    the FIR/complaint; and
    13.15. When a prayer for
    quashing the FIR is made by the alleged
    accused, the court when it exercises the
    power under Section 482CrPC, only has
    to consider whether or not the
    allegations in the FIR disclose the
    commission of a cognizable offence and
    is not required to consider on merits
    whether the allegations make out a
    cognizable offence or not and the court
    has to permit the investigating
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    agency/police to investigate the
    allegations in the FIR.”

    9. In view of the aforesaid factual background

    and in light of the judgment of the Hon’ble Supreme Court in the

    case of Usha Chakraborty (supra), this Court is of the considered

    opinion that the impugned order dated 29.01.2018, whereby the

    learned Chief Judicial Magistrate, Katihar, took cognizance in

    Katihar (N) P.S. Case No. 264 of 2017, is unsustainable in law.

    Accordingly, the said order taking cognizance is hereby quashed

    and set aside with respect to the petitioners only.

    10. This application is accordingly allowed.

    (Praveen Kumar, J)
    Pawan/-

    AFR/NAFR                NAFR
    CAV DATE                N/A
    Uploading Date          04.08.2026.
    Transmission Date       04.08.2026.
     



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