9911796707
|
Home
Issues involved: Quashing of FIR under Sections 420/406/468 IPC, Abuse of process of law, Ingredients of the offence, Exercise of power under Article 136 of the Constitution.
Quashing of FIR under Sections 420/406/468 IPC: The appeal challenged the decision of the Delhi High Court quashing the FIR alleging conspiracy leading to criminal breach of trust. The appellant contended that the FIR did constitute a cognizable offence as per relevant judgments. However, the respondents argued that the FIR did not satisfy the offence's ingredients and was filed with an ulterior motive. The High Court, after considering the case and materials, concluded that the FIR should be quashed in the interest of justice, as the informant had already resorted to civil remedy and abused the process of law. Abuse of process of law: The respondents contended that the criminal proceedings were initiated with an ulterior motive by the informant to prevent a complaint under Section 138 of the Negotiable Instruments Act. They argued that allowing the proceedings to continue would result in manifest injustice. The Court, considering the law laid down in previous cases, agreed with the respondents that the necessary ingredients of cheating or criminal breach of trust were not established. The FIR was seen as an abuse of process, and the High Court's decision to quash it was upheld, as interfering would amount to an abuse of the Court's process. Exercise of power under Article 136 of the Constitution: After examining the allegations in the FIR and the arguments presented, the Court accepted that the offence elements were not met and that the FIR was lodged to preempt a complaint under the Negotiable Instruments Act. The Court found no justification to interfere with the High Court's decision to quash the FIR, as it would amount to an abuse of the Court's process. Consequently, the appeal was dismissed.
|
