Ashok Kumar Jain vs State Of Gujarat 2025 INSC 614 - S.482 CrPC - Quashing - Civil Disputes
Code of Criminal Procedure 1973 - Section 482 - While quashing an FIR, SC observed : FIR is filed showing that the appellant- accused had an intention to cheat and commit breach of trust. The documents belie the allegations in the FIR -
A mere civil dispute has been given the colour of an offence of cheating and criminal breach of trust- FIR against the appellant is an abuse of the process of law, and at best, the non-payment of the sale price could be a civil dispute. (Para 12-17)
Indian Penal Code 1860 - Section 406 -The expression 'entrustment' carries with it the implication that the person handing over any property or on whose behalf that property is handed over to another, continues to be its owner. Entrustment is not necessarily a term of law. It may have different implications in different contexts. In its most general significance, all its imports is handing over the possession for some purpose which may not imply the conferment of any proprietary right therein. The ownership or beneficial interest in the property in respect of which criminal breach of trust is alleged to have been committed, must be in some person other than the accused and the latter must hold it on account of some person or in some way for his benefit. (Para 9.1)
