FIRST LAW

The Indian Penal Code, 1860 - Sections 406, 420 and 120B - To constitute an offence of criminal breach of trust it is essential that the prosecution has to show first of all that the accused was entrusted with some property or with any dominion or power over it.

The Indian Penal Code, 1860 - Sections 405, 406, 415 and 420 read with Section 34 -The Code of Criminal Procedure, 1973 - Section 482 - Criminal breach of trust - Cheating and dishonestly inducing deliver of property - Ingredients of - Where the ingredients required to constitute a criminal offence are not made out from a bare reading of the complaint, the continuation of the criminal proceeding will constitute an abuse of the process of the court.

Code of Criminal Procedure, 1973 - S. 482 - Saving of inherent power of the High Court - the abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge sheet after investigation. The power is undoubtedly conferred to prevent abuse of process of power of any court.

Penal Code, 1860 - Ss. 405, 406 & 420 -  Criminal P.C. 1973 -  Ss. 397, 401 & 482 - Q uashment of Complaint -  The criminal proceedings manifestly attended with malafide and/or where the proceeding is maliciously instituted with ulterior motive for wreaking vengeance on the accused and turning a civil litigation into a criminal litigation, deserves to be quashed.