Abuse of criminal process found where cheating and breach of trust allegations lacked essential ingredients and factual basis.

Allegations in the criminal complaint did not disclose the essential ingredients of criminal breach of trust or cheating, and the additional references to intimidation and insult lacked factual foundation. In the admitted setting of pending Section 138 Negotiable Instruments Act proceedings and issued cheques, the Court found the complaint to be initiated with an ulterior motive. The criminal process was treated as an abuse of process warranting interference under Section 482 CrPC to secure the ends of justice, and the proceedings were quashed.

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Issues: Whether the criminal complaint and the proceedings arising from it disclosed the ingredients of offences under Sections 406 and 420 of the Indian Penal Code, 1860, and whether the proceedings were liable to be quashed as an abuse of the process of law under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The complaint was examined against the admitted background that cheques had been issued and that proceedings under Section 138 of the Negotiable Instruments Act, 1881 were already pending. The allegations did not disclose the essential ingredients of criminal breach of trust or cheating. The complaint also invoked provisions such as Section 294 and Section 506 IPC without factual foundation. On the materials before the Court, the criminal proceeding appeared to have been initiated with an ulterior motive and fell within the category of cases where interference is justified to prevent abuse of process and secure the ends of justice.

Conclusion: The proceedings were liable to be quashed, and the appeal was allowed.

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