BINOD KUMAR Vs. STATE OF BIHAR
LAWS(SC)-2014-10-44
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on October 30,2014

BINOD KUMAR Appellant
VERSUS
STATE OF BIHAR Respondents





Cited Judgements :-

GTCL & ANR VS. M P M K V V CO LTD [LAWS(MPH)-2017-3-132] [REFERRED TO]
DURAISAMY VS. INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, CUDDALORE [LAWS(MAD)-2021-6-6] [REFERRED TO]
PROVOS KUMAR ROY @ PROVOS ROY @ PRABHATJEE VS. STATE OF BIHAR [LAWS(PAT)-2017-11-244] [REFERRED TO]
K. NAVEEN REDDY VS. STATE OF TELANGANA [LAWS(TLNG)-2020-3-23] [REFERRED TO]
ANDHRA PRADESH GRANITE MIDWEST PVT. LTD. VS. ANDHRA PRADESH MINERAL DEVELOPMENT CORPORATION LTD. [LAWS(APH)-2020-2-18] [REFERRED TO]
VIKRAM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-12-128] [REFERRED TO]
S.N KUPPUSWAMY VS. STATE OF U.P [LAWS(ALL)-2020-1-110] [REFERRED TO]
CHANDAN KUMAR SAHA VS. ANIL KUMAR J. BAVISHI & ORS [LAWS(CAL)-2016-12-13] [REFERRED TO]
ARUP CHETIA VS. SUNIL GOGOI [LAWS(GAU)-2018-1-6] [REFERRED TO]
NARAYANA HEALTH VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-5-53] [REFERRED TO]
NOSEKHA KHAN VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-12-83] [REFERRED TO]
RAJENDRA KUMBHAT AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-9-7] [REFERRED TO]
SHRIKANT MOHTA VS. REPUBLIC OF INDIA [LAWS(ORI)-2023-5-207] [REFERRED TO]
JAYANTILAL V. GADA VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-3-99] [REFERRED TO]
SATISHCHANDRA RATANLAL SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2018-4-97] [REFERRED TO]
C.VENUGOPAL REDDY VS. STATE OF A.P. [LAWS(TLNG)-2020-1-1] [REFERRED TO]
ANIL DUDHA BHAI KANERIA S/O SHRI DUDHA BHAI KANERIA DIRECTOR VS. STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR AND ANR. [LAWS(RAJ)-2017-5-177] [REFERRED TO]
DEEPAK KHUNTIA VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-11-20] [REFERRED TO]
SATISH AGRAWAL & ANOTHER VS. STATE OF U P & ANOTHER [LAWS(ALL)-2017-8-448] [REFERRED TO]
VIJAY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-12-84] [REFERRED TO]
MILIND VIDYASAGAR GHATE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-12-246] [REFERRED TO]
SABRE TRAVEL TECHNOLOGIES PRIVATE LIMITED VS. STATE OF KARNATAKA [LAWS(KAR)-2021-2-54] [REFERRED TO]
NATIONAL STEEL VS. STATE OF KARNATAKA [LAWS(KAR)-2019-1-225] [REFERRED TO]
ARJUN SINGH AND ORS. VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2015-3-64] [REFERRED TO]
RAJENDRA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-2-106] [REFERRED TO]
DOKURI SATHEMMA VS. STATE OF TELANGANA [LAWS(TLNG)-2020-3-10] [REFERRED TO]
SRIMOJU SANDHYA VS. STATE OF TELANGANA [LAWS(TLNG)-2020-2-21] [REFERRED TO]
M/S. GLOBAL ENERGY PVT. LTD. AND OTHERS VS. THE STATE OF KARNATAKA AND ANOTHERS [LAWS(KAR)-2018-1-454] [REFERRED TO]
SAMSUNG INDIA ELECTRONICS PVT. LTD. VS. THE STATE OF BIHAR AND OTHERS [LAWS(PAT)-2018-3-366] [REFERRED TO]
K. K. PATHAK VS. HIGH COURT OF JUDICATURE AT PATNA [LAWS(PAT)-2019-7-13] [REFERRED TO]
INDU DALMIA AND ORS. VS. STATE OF ANDHRA PRADESH AND ORS. [LAWS(APH)-2015-9-1] [REFERRED TO]
C.N. VELANKAR VS. STATE OF U.P. [LAWS(ALL)-2019-7-218] [REFERRED TO]
SUDASHCHO TECHNOHUB PRIVATE LIMITED AND ORS. VS. CITY INFOSYSY [LAWS(CAL)-2015-7-70] [REFERRED TO]
DINESH SHERAWAT VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-12-61] [REFERRED TO]
PULOK DEB VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2021-9-46] [REFERRED TO]
SURAJ KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2024-4-15] [REFERRED TO]
MEHUL CHINUBHAI CHOKSI VS. STATE OF GUJARAT & ANR. [LAWS(GJH)-2017-5-167] [REFERRED TO]
BINOD SINGH @ VINOD KUMAR SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-12-84] [REFERRED TO]
KALI DASS VS. SHOBHA RAM [LAWS(HPH)-2014-12-119] [REFERRED TO]
MANISHA AND ANOTHER VS. DEVENDRA PARMAR [LAWS(MPH)-2018-8-305] [REFERRED TO]
ISHAQ MOHAMMAD S/O SHRI AKBAR MOHAMMAD. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-3-125] [REFERRED TO]
NEVADA PROPERTIES PRIVATE LIMITED VS. STATE OF MAHARASHTRA [LAWS(SC)-2019-9-88] [REFERRED TO]
H N UDAY SIMHA VS. STATE OF KARNATAKA [LAWS(KAR)-2019-2-330] [REFERRED TO]
RAY CONSTRUCTIONS LTD. VS. STATE OF KARNATAKA [LAWS(KAR)-2020-3-66] [REFERRED TO]
R.RAJU VS. WIPRO LIMITED [LAWS(MAD)-2019-3-434] [REFERRED TO]
SURESH KUMAR SINGH AND ANOTHER VS. THE STATE OF BIHAR AND ANOTHER [LAWS(PAT)-2017-12-147] [REFERRED TO]
MD. SHAHBAZ SIDDIQUE, S/O DR. ABDUL QUAYUM VS. THE STATE OF BIHAR AND ANOTHER [LAWS(PAT)-2017-11-217] [REFERRED TO]
PREM KUMAR DHUMAL AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-12-49] [REFERRED TO]
ASHOK KUMAR JAIN VS. STATE OF GUJARAT [LAWS(GJH)-2021-12-88] [REFERRED TO]
SANJAY GAMBHIR VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2018-1-18] [REFERRED TO]
GLOCAL HEALTHCARE SYSTEMS PRIVATE LIMITED VS. MANINDRA NATH PAL [LAWS(CAL)-2023-5-133] [REFERRED TO]
CHAYABAI W/O. SAHEBRAO HIWALE & ORS. VS. THE STATE OF MAHARASHTRA & ANR. [LAWS(BOM)-2017-5-60] [REFERRED TO]
SURENDRA BHALOTIA VS. STATE OF ASSAM AND ANR [LAWS(GAU)-2019-1-18] [REFERRED TO]
URVI A.PIRAMAL AND OTHERS VS. STATE OF MAHARASTRA AND ANOTHER [LAWS(BOM)-2016-12-177] [REFERRED TO]
SUN PHARMACEUTICALS LIMITED VS. STATE OF TELANGANA [LAWS(APH)-2016-4-47] [REFERRED TO]
T S ASOK S/O LATE V T NAIR VS. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR [LAWS(KER)-2018-2-123] [REFERRED TO]
M R REGHUCHANDRABAL S/O RAGHAVAN NADAR VS. STATE OF KERALA [LAWS(KER)-2017-9-84] [REFERRED TO]
ANOOP SINGH VS. HANUMAN SINGH [LAWS(MPH)-2019-8-21] [REFERRED TO]
BASANT RAJ MEHTA VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2016-3-6] [REFERRED TO]
TAKHSHILA AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-1-149] [REFERRED TO]
V P BAHUGUNA @ VIJAY BAHUGUNA, SON OF S D BAHUGUNA VS. STATE OF BIHAR [LAWS(PAT)-2018-9-48] [REFERRED TO]
SUNITI ENTERPRISES VS. STATE OF BIHAR [LAWS(PAT)-2018-7-74] [REFERRED TO]
JAI MATA DI RICE MILL AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-10-9] [REFERRED TO]
GAURANGA DAS AND 2 ORS VS. STATE OF ASSAM AND ANR [LAWS(GAU)-2018-11-119] [REFERRED TO]
RAVI TODI VS. STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-8-56] [REFERRED TO]
AJAY AHLAWAT AND ORS. VS. STATE OF NCT OF DELHI AND ORS. [LAWS(DLH)-2015-10-117] [REFERRED TO]
VINOD KAILASHCHAND VERMA VS. AMIT GUPTA [LAWS(CHH)-2016-6-4] [REFERRED TO]
BANI SAHA VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2016-1-5] [REFERRED TO]
MANPREET DOAD VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-10-17] [REFERRED TO]
KALLU KHAN VS. STATE OF U.P. [LAWS(ALL)-2020-2-289] [REFERRED TO]
PAWAN KUMAR TYAGI VS. STATE OF U.P. [LAWS(ALL)-2020-3-59] [REFERRED TO]
ANAND KUMAR GUPTA AND ANR VS. STATE OF U P AND ORS [LAWS(ALL)-2017-1-397] [REFERRED TO]
SRI LANKA VENKATA SUBRAHMANYAM VS. THE STATE OF TELANGANA., REP. BY SPECIAL PP OF CBI, HYDERABAD [LAWS(APH)-2018-1-43] [REFERRED TO]
MAHENDRA KUMAR KEDARNATH MODI VS. STATE OF GUJARAT [LAWS(GJH)-2017-5-146] [REFERRED TO]
JINOFER BHUJWALA VS. STATE OF GUJARAT [LAWS(GJH)-2015-2-165] [REFERRED TO]
RAJENDRA SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-8-86] [REFERRED TO]
S R P OIL PVT LTD, VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-9-44] [REFERRED TO]
RAM PRIT SHARMA VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-2-128] [REFERRED TO]
VIJAYA LAKSHMI PATIL VS. STATE OF KARNATAKA [LAWS(KAR)-2019-2-435] [REFERRED TO]
HARSH MAHENDRABHAI DHIR VS. STATE OF GUJARAT [LAWS(GJH)-2023-6-1938] [REFERRED TO]
CHAITRA PROJECTS LTD; M K VARGHESE; SANJAY; UNNIKRISHNAN VS. STATE OF KARNATAKA AND ORS [LAWS(KAR)-2015-11-371] [REFERRED]
JAMSHEDPUR MINERAL WOOL MANUFACTURING COMPANY PRIVATE LIMITED VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-9-70] [REFERRED TO]
ASHOK KUMAR PURBE @ ASHOK KUMAR PURVE, SON OF LATE PARMESHWAR PURBEY, RESIDENT OF A/3 ASHADEP APARTMENT AT JORAR, P.O. AND P.S.NAMKUM, DISTRICT VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-2-19] [REFERRED TO]
JAY KUMAR DWIVEDI AND ORS. VS. STATE OF M.P. [LAWS(MPH)-2017-9-75] [REFERRED TO]
SUKESH GUPTA VS. GOVERNMENT OFINDIA [LAWS(TLNG)-2022-2-76] [REFERRED TO]
SACHIN GARG VS. STATE OF U.P [LAWS(SC)-2024-1-63] [REFERRED TO]
PROF R K VIJAYASARATHY & ANR VS. SUDHA SEETHARAM & ANR [LAWS(SC)-2019-2-88] [REFERRED TO]
COTT BEVERAGES INC (ROYAL CROWN COLA INTERNATIONAL VS. TRISTAR BEVERAGES PVT LTD , INDORE [LAWS(MPH)-2018-6-18] [REFERRED TO]
VIVEK BAFNA VS. STATE OF M.P. & ANOTHER [LAWS(MPH)-2020-6-27] [REFERRED TO]
UMENDRA AND ORS. VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2015-3-200] [REFERRED TO]
VINOD KUMAR GUPTA VS. STATE OF U.P. [LAWS(ALL)-2024-4-14] [REFERRED TO]
AMANDEEP SINGH SARAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-4-8] [REFERRED TO]
TEXMACO RAIL AND ENGINEERING LTD VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-6-20] [REFERRED TO]
ANAND KUMAR MOHATTA & ANR. VS. STATE (GOVT. OF NCT OF DELHI) & ANR [LAWS(DLH)-2016-2-8] [REFERRED TO]
ARVIND KUMAR VS. C.B.I. [LAWS(DLH)-2022-8-158] [REFERRED TO]
VIPUL AGGARWAL VS. INCOME TAX OFFICE [LAWS(DLH)-2022-7-17] [REFERRED TO]
BHAGWAN MAHAVEER MEMORIAL JAIN TRUST VS. STATE OF KARNATAKA [LAWS(KAR)-2019-2-320] [REFERRED TO]
ASHOK KUMAR ROY VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-3-14] [REFERRED TO]
SHIVENDRA KUMAR @ SHIVENDU KUMAR VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2017-8-52] [REFERRED TO]
UPENDRA KUMAR SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-8-123] [REFERRED TO]
PRANITA DAS VS. STATE OF ASSAM [LAWS(GAU)-2017-9-13] [REFERRED TO]
KEVYA KANTA GOGOI VS. STATE OF ASSAM [LAWS(GAU)-2019-1-72] [REFERRED TO]
RAHUL GANDHI AND ORS. VS. SUBRAMANIAN SWAMY AND ORS. [LAWS(DLH)-2015-12-31] [REFERRED TO]
RUCHITRA TEXTILES PVT. LTD. AND ORS. VS. STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2016-3-30] [REFERRED TO]
AKHIL MISHRA VS. STATE OF M P & ANR [LAWS(MPH)-2018-4-13] [REFERRED TO]
SANJAY VARGHESE VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-12-30] [REFERRED TO]
MOHAMED YUSUFUDDIN AHMED VS. RUTH KARTHAK LEPCHANI [LAWS(SIK)-2019-12-14] [REFERRED TO]
BRAHMAPUTRA INFRASTRUCTURE LTD VS. STATE OF BIHAR [LAWS(PAT)-2020-8-26] [REFERRED TO]
SUDHIR KHANNA VS. STATE [LAWS(MAD)-2016-4-266] [REFERRED TO]
BUSH HOG LLC VS. STATE [LAWS(KAR)-2015-1-96] [REFERRED TO]
GEETHA VS. STATE [LAWS(MAD)-2024-3-124] [REFERRED TO]
BANKHRAWDOR LYNGDOH VS. STATE OF MEGHALAYA [LAWS(MEGH)-2019-7-1] [REFERRED TO]
C N DILIP VS. STATE OF KARNATAKA [LAWS(KAR)-2019-7-159] [REFERRED TO]
SANJIV PAUL VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-4-72] [REFERRED TO]
SAJ VS. STATE OF KERALA [LAWS(KER)-2016-7-198] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Whether the charges under Section 406 IPC and the criminal complaint for criminal breach of trust for allegedly retaining the bill amount payable to respondent No.2 is liable to be quashed is the point falling for consideration in this appeal.
(3.)Payment of bill pertaining to the contract executed by the second respondent in Tilka Manjhi Bhagalpur University had a chequered history. Case of second respondent is that contract was entered into between him and K.S.S. College on 4.9.1990 for the construction of building of K.S.S. College, Lakhisarai, a constituent unit of Tilka Manjhi Bhagalpur University. According to second respondent, since money and requisite materials were not given to him in time, the work was not completed within stipulated period. The university vide letter dated 9.5.1995, informed the respondent No.2 that his contract is terminated and all his dues including final bill, earnest money and security deposit etc. will be released after consultation with the College Development Committee. The University Engineer vide letter dated 4.6.1996, addressed to the Principal of the college, informed that a payment of Rs.48,505/- is payable to the contractor; but the respondent No.2 was not paid the aforesaid bill amount.
Finally, the respondent was paid Rs.14,000/- vide cheque No. EMGCO-OP.Z No. 0127627, as per the direction of the College Development Committee and balance amount of Rs.34,505/- was not paid to him. Aggrieved by the said non-payment of entire amount, respondent No.2 filed a criminal complaint case No.196-C/1997 in the Court of Sub Divisional Judicial Magistrate, Lakhisarai for criminal breach of trust, alleging that the amount of Rs.34,505/- was not paid to him and that the amount was utilized by the appellants in some other work.



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