In Brief
A teacher and real estate investor filed a criminal complaint against business associates, alleging cheating and breach of trust in land transactions. The accused registered properties in their names using funds the complainant provided, and disputed arose over profit-sharing and plot allocation. The Supreme Court held that since these transactions were benami (property in one person's name, funded by another), the complainant was barred by Section 4 of the Benami Act from suing civilly. Therefore, criminal prosecution based on the same facts constituted abuse of process. The Court found no evidence of fraudulent intent at the transaction's inception—only a civil dispute over quantification of profits. The appeal was allowed and all criminal proceedings quashed.
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