In Brief
Prof R.K. Vijayasarathy and another were accused of criminal breach of trust and cheating after Rs 20 lakhs transferred by their son to his estranged wife's bank account was returned to them. The daughter-in-law filed a private complaint alleging criminal offences. The High Court rejected the petition to quash the FIR. The Supreme Court held that since the money was transferred by the son on his own volition to the respondent, with no entrustment to the appellants, and no fraudulent inducement by the appellants, the essential ingredients of criminal breach of trust and cheating were absent. The complaint was a civil matter cloaked as criminal and constituted abuse of court process. The appeal was allowed and the criminal proceedings quashed.
The lawyer headnote and full judgment text are available to registered users.