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    <title>2023 (1) TMI 1354 - Supreme Court</title>
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    <description>Allegations in the complaint and pre-summoning material did not disclose the essential ingredients of criminal breach of trust, cheating, forgery or criminal conspiracy. The Court found no entrustment, dishonest inducement, or proof that the invoices and bills were forged, and treated the dispute as a contractual/accounting controversy rather than a criminal offence. It also held that process could not be sustained because the Magistrate had not conducted the inquiry required under Section 202 where the accused resided outside jurisdiction, and the material did not justify issuance of summons or a non-bailable warrant. The criminal proceedings were quashed as an impermissible attempt to convert a civil dispute into criminal prosecution.</description>
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      <description>Allegations in the complaint and pre-summoning material did not disclose the essential ingredients of criminal breach of trust, cheating, forgery or criminal conspiracy. The Court found no entrustment, dishonest inducement, or proof that the invoices and bills were forged, and treated the dispute as a contractual/accounting controversy rather than a criminal offence. It also held that process could not be sustained because the Magistrate had not conducted the inquiry required under Section 202 where the accused resided outside jurisdiction, and the material did not justify issuance of summons or a non-bailable warrant. The criminal proceedings were quashed as an impermissible attempt to convert a civil dispute into criminal prosecution.</description>
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