Wednesday, September 27, 2023

When a criminal complaint has been filed as a measure of settling a civil dispute, complaint will be an abuse of process of court.

Criminal Procedure Code, 1973 Section 482 Indian Penal Code, 1860 Sections 406 and 420
Criminal breach of trust - Cheating - Quashing of proceedings - Dispute relating to alleged supply of defective vehicles - Error in chassis number as noticed by Registering Authority, was corrected - Cheques executed by complainant towards payments due for service charges for repairs done were dishonoured - Legal proceedings pending - Allegation regarding variance in chassis number must be agitated before appropriate forum either for compensation or for deficiency in service - Colour of criminality cannot be attached to it - Transaction between parties was pure civil in nature - No entrustment - Allegations made in FIR did not satisfy ingredients of Section 420 of Indian Penal Code - No allegation of dishonest inducement against accused - Complaint for any defect in property sold, remedy lie under civil law - Criminal proceedings initiated against accused, abuse of process of law - Proceedings liable to be quashed.
Kerala High Court
LAWMAN#2268958

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