Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the complaint disclosed the ingredients of cheating, criminal breach of trust and criminal conspiracy so as to justify refusal to quash the proceedings under section 482 of the Code of Criminal Procedure, 1973.
Analysis: The inherent power under section 482 is to be exercised sparingly to prevent abuse of process and secure the ends of justice, but a complaint can be quashed where the allegations, taken at face value, do not constitute the alleged offences. For cheating, the complaint must show fraudulent or dishonest inducement at the time of the representation or promise; mere breach of contract or later failure to perform does not suffice. Here, the complaint did not contain a specific averment that the accused dishonestly induced the complainant to enter into the arrangement, and the complainant's own pleadings showed awareness of the supplier's financial difficulties. For criminal breach of trust, entrustment of property or dominion over property, followed by dishonest misappropriation or conversion, must be pleaded and made out; the complaint disclosed no such entrustment in favour of the accused. As the foundational offences were not made out, the allegation of conspiracy also lacked substance.
Conclusion: The complaint did not disclose a prima facie case under sections 420, 406 and 120B of the Indian Penal Code, 1860, and quashing ought to have been granted under section 482 of the Code of Criminal Procedure, 1973.