In Brief
The son of the appellants transferred Rs. 20 lakhs to the first respondent's bank account in 2010 for safekeeping due to pending legal proceedings abroad. The money was returned to the appellants on the son's instructions. Six years later, the first respondent filed a criminal complaint alleging offences under Sections 405, 406, 415 and 420 IPC. The Supreme Court held that the complaint lacked the essential ingredients of these offences: no property was entrusted to the appellants, and there was no dishonest inducement. The Court found the complaint was an abuse of process, as it cloaked a civil dispute with criminal charges despite missing fundamental criminal elements. The appeal was allowed and the criminal proceedings were quashed.
The lawyer headnote and full judgment text are available to registered users.