https://www.taxtmi.com/caselaws?id=303022 Criminal process for offences under sections 406 and 420 read with section 34 IPC may be quashed where the complaint and sworn verification statement materially differ and the basic ingredients of the offence are not disclosed. The text emphasises that criminal breach of trust requires entrustment and dishonest misappropriation or conversion, and that no overt act or entrustment was shown against the accused in the verified statement. It also notes that in proceedings under section 200 CrPC, the Magistrate must apply judicial mind to the sworn statement and ensure the complaint is properly substantiated. On these facts, the continuation of proceedings was treated as an abuse of process and the process order was quashed. en-us Thu, 09 Jun 2016 00:00:00 +0530 Wed, 29 Jun 2022 20:59:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303022 Criminal process for offences under sections 406 and 420 read with section 34 IPC may be quashed where the complaint and sworn verification statement materially differ and the basic ingredients of the offence are not disclosed. The text emphasises that criminal breach of trust requires entrustment and dishonest misappropriation or conversion, and that no overt act or entrustment was shown against the accused in the verified statement. It also notes that in proceedings under section 200 CrPC, the Magistrate must apply judicial mind to the sworn statement and ensure the complaint is properly substantiated. On these facts, the continuation of proceedings was treated as an abuse of process and the process order was quashed. Case-Laws Indian Laws Thu, 09 Jun 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303022