TMI Blog1999 (10) TMI 749X X X X Extracts X X X X X X X X Extracts X X X X ..... F.I.R. No. 285 of 1998 at P.S. Rajouri Garden for offence under Sections 420/406/468 IPC is under challenge in this appeal by the informant. The informant-appellant filed the F.I.R. alleging therein that the respondents by an act of conspiracy committed criminal breach of trust by presenting blank cheques, signed by the appellant for withdrawing money for a purpose for which it had not been given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the offence of either Section 406 or Section 420 as the necessary ingredients under Sections 405 and 415 of the IPC have not been indicated. The respondents also took the ground that the criminal proceeding pursuant to the F.I.R. has been initiated with an ulterior motive and thereby there has been a gross abuse of process of law and as such the F.I.R. should be quashed. The High Court on conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned senior counsel appearing for different accused persons on the other contended that the assertions made in the FIR even taken on face value do not satisfy the ingredients of the offence alleged to have been made and on the other hand it manifestly indicates that the complainant has instituted the criminal proceedings with an ulterior motive for wreaking vengeance and to pre-empt the filing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levant facts and circumstances into consideration lest it would be an instrument in the hands of the private complaint as vendetta to harass the person needlessly. The learned Counsel relied upon the decision of this Court in Punjab National Bank and Ors. v. Surendra Prasad Sinha 1992CriLJ2916 . 5. Bearing in mind the law laid down by this Court in the cases referred to earlier and the contenti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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