The Regional Manager, Shriram Life Insurance Company Ltd, through Rajesh Kumar Srivastava vs The State of Bihar through, Secretary Law Department, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32059 of 2023
CNR No. BRHC010429392023
Arising Out of PS. Case No.-289 Year-2019 Thana- AURANGABAD COMPLAINT CASE
District- Aurangabad
======================================================
1. The Regional Manager, Shriram Life Insurance Company Ltd, through
Rajesh Kumar Srivastava s/o of Late Suraj Sriwastava Resident of LUV
KUSH Tower, office No. 202, Exhibition Road, P.S.- Gandhi Maidan, Patna-
800001
2. The Vice President Shriram LIC Ltd. Bihar and Jharkhand through
Shaktinath Srivastava s/o of Late Harishankar Prasad Sinha Resident of
LUV KUSH Tower, office no. 202, Exhibition Road, P.S.- Gandhi Maidan,
Patna 800001
... ... Petitioner/s
Versus
1. The State of Bihar through, Secretary Law Department, Bihar Bihar
2. Mr. Rajesh Kumar Sinha s/o of Late Badrinath Sinha Resident of Biratpur,
Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Adv.
For O.P. No. 2 Mr. Mukul Kumari, Adv.
For the State : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL JUDGMENT
Date : 13-10-2026
Heard learned counsel for the petitioners, learned
counsel for the opposite party no. 2 and learned APP for the
State.
2. By way of the present application the order dated
24.11.2021 passed by the learned District Judge, Aurangabad in
Cr. Revision No. 15 of 2021, as also the order dated 03.07.2019
passed by the court of the learned Chief Judicial Magistrate,
Aurangabad in Complaint Case No. 289 of 2019, whereby the
cognizance was taken against the petitioners under Sections

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406, 504, 506 of the Indian Penal Code (hereinafter referred to
as the ‘IPC’) and summons were issued thereunder, has been
challenged.
3. The short facts of the case is that the complainant
was an employee of Sriram General Insurance Company but due
to harassing attitude of the petitioners, he has resigned from the
post of A.A.M. It is alleged that before and after the resignation
and before the resignation, the complainant met petitioners for
clearance of his due salary and PF but the same was not paid to
the complainant.
4. Learned counsel appearing on behalf of the
petitioners has submitted, at the outset, that the petitioners are
the employees of Sriram Insurance Company and absolutely
false and concocted allegations have been made in the said
complaint. It is further submitted that on the bare reading of the
complaint as also the SA of the complainant, no criminal
offence, much less the offence as alleged is made out against the
petitioners.
5. Learned counsel has invited the attention of this
Court to the SA of the complainant/opposite party no. 2 which
only discloses that he had resigned from the said Insurance
Company on account of unfavorable conditions posed by these

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petitioners and the benefits that accrued to the opposite party no.
2 in the form of the Provident Fund, one month salary, gratuity
and payment on some bills have not been made by the company.
The amount estimated is about 3.5 lakhs. It has been submitted
on the basis of such allegations that it does not amount to any
criminal offence and the allegations made by the opposite party
no. 2 against the petitioners would only be a subject matter of a
Labour Court/Tribunal or the opposite party no. 2 would take
recourse to other civil remedies for the same.
6. It has also been contended that although the
opposite party no. 2 herself has admitted that he was working on
the post of Assistant Branch Manager of Sriram Life Insurance
Company/Area Manager in the Company and he had given
resignation from the company and the payments due to him
would also be made by the company, but surprisingly enough
the company itself has not been made a party, although five
persons have been made an accused in the present case
including the petitioners. In such view of the fact, it has been
submitted that the complaint itself suffers from a fundamental
defect and is not fit to be proceeded against.
7. Per contra , the learned counsel appearing on behalf
of the opposite party no. 2 has opposed the present application

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on the basis of the allegations made in the complaint as also the
SA of the complainant. It has been submitted that the revisional
order passed by the learned District Judge, Aurangabad has also
dismissed the challenge of the petitioners made against the
impugned order of cognizance upon consideration of facts. As
such, the impugned orders do not warrant any interference.
8. I have heard the rival contentions of the parties and
have also gone through the documents which had been placed
on record. Upon reading of the complaint itself along with the
SA of the complainant, it becomes unmistakably clear that the
dispute relates to non-payment of some amounts, Provident
Fund, Gratuity, etc. to the opposite party no. 2 by the company,
of which, both the opposite party no. 2 is an employee and the
petitioners are the Manager and Vice President. It is evident that
the company itself has not been made an accused. The Hon'ble
Supreme Court in the cases of Aneeta Hada vs. M/s Godfather
Travels and Tour Private Limited , reported in (2012) 5 SCC
661 and Sharad Kumar Sanghi vs. Sangita Rane , reported in
(2015) 12 SCC 781 has clearly held that the employees would
not be made vicariously responsible for any offence in absence
of company itself being arrayed as accused in the proceeding.
9. In view of the above, it is gathered that the

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complaint itself suffers from a fundamental defect, which is
fatal in nature. Besides the above factor, the allegations also do
not make out any criminal offence against the petitioners even
on the face of the allegations. It was at his own wish that the
opposite party no. 2 resigned from the company and if he has
some payments due from the company, he ought to have taken
recourse to other alternative remedies rather than filing a
criminal case against the employees of the company. There can
be no criminal intent behind the non-payment of the amount and
as such, the petitioners ought not to be prosecuted in a criminal
case of such nature, especially in the absence of the company
itself being arrayed as a party.
10. It thus appears that no offences are made out from
the allegations as levelled and the order taking cognizance also
appears to be passed mechanically without any judicial
application of mind. It is well settled that taking of cognizance
and issuance of summons is a serious matter and should not be
done as a matter of course, as it has been held in the case of M/s
Pepsi Foods Ltd. & Anr. Vs. Judicial Magistrate, reported in
(1998) 5 SCC 749. The Hon'ble Supreme Court has clearly held
that the learned Magistrate needs to apply his judicial mind and
it is not that in any complaint case which is supported by one or

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two inquiry witnesses, cognizance be taken mechanically and
summons be issued.
11. Considering the entire factual scenario and also
the law laid down by the Hon'ble Supreme Court as discussed
above, this Court is of the considered view that the impugned
orders dated 24.11.2021 and 03.07.2019 warrant interference by
this Court in exercise of jurisdiction under Section 482 of the
CrPC. As such, the order dated 24.11.2021 passed by the learned
District Judge, Aurangabad in Cr. Revision No. 15 of 2021 as
also the order dated 03.07.2019 passed by the court of the
learned Chief Judicial Magistrate, Aurangabad in Complaint
Case No. 289 of 2019 and any prosecution arising therefrom
are hereby quashed.
12. The application is, accordingly, allowed.

(Soni Shrivastava, J)
devendra/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.10.2026
Transmission Date 16.10.2026