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TMI Blog2014 (10) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... , since money and requisite materials were not given to him in time, the work was not completed within stipulated period. The university vide letter dated 9.5.1995, informed the Respondent No. 2 that his contract is terminated and all his dues including final bill, earnest money and security deposit etc. will be released after consultation with the College Development Committee. The University Engineer vide letter dated 4.6.1996, addressed to the Principal of the college, informed that a payment of Rs. 48,505/- is payable to the contractor; but the Respondent No. 2 was not paid the aforesaid bill amount. Finally, the Respondent was paid Rs. 14,000/- vide cheque No. EMGCO-OP.Z No. 0127627, as per the direction of the College Development Committee and balance amount of Rs. 34,505/- was not paid to him. Aggrieved by the said nonpayment of entire amount, Respondent No. 2 filed a criminal complaint case No. 196-C/1997 in the Court of Sub Divisional Judicial Magistrate, Lakhisarai for criminal breach of trust, alleging that the amount of Rs. 34,505/- was not paid to him and that the amount was utilized by the Appellants in some other work. 4. The Appellants filed an application Under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... breach of trust and the High Court rightly dismissed the petition filed Under Section 482 Code of Criminal Procedure. 8. We have carefully considered the rival contentions and also perused the impugned order and the materials on record. 9. In proceedings instituted on criminal complaint, exercise of the inherent powers to quash the proceedings is called for only in case where the complaint does not disclose any offence or is frivolous. It is well settled that the power Under Section 482 Code of Criminal Procedure should be sparingly invoked with circumspection, it should be exercised to see that the process of law is not abused or misused. The settled principle of law is that at the stage of quashing the complaint/FIR, the High Court is not to embark upon an enquiry as to the probability, reliability or the genuineness of the allegations made therein. In Smt. Nagawwa v. Veeranna Shivalingappa Konjalgi (1976) 3 SCC 736, this Court enumerated the cases where an order of the Magistrate issuing process against the accused can be quashed or set aside as under: (1) where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint has to be examined as a whole, but without examining the merits of the allegations. Neither a detailed inquiry nor a meticulous analysis of the material nor an assessment of the reliability or genuineness of the allegations in the complaint, is warranted while examining prayer for quashing of a complaint. (ii) A complaint may also be quashed where it is a clear abuse of the process of the court, as when the criminal proceeding is found to have been initiated with mala fides/malice for wreaking vengeance or to cause harm, or where the allegations are absurd and inherently improbable. (iii) The power to quash shall not, however, be used to stifle or scuttle a legitimate prosecution. The power should be used sparingly and with abundant caution. (iv) The complaint is not required to verbatim reproduce the legal ingredients of the offence alleged. If the necessary factual foundation is laid in the complaint, merely on the ground that a few ingredients have not been stated in detail, the proceedings should not be quashed. Quashing of the complaint is warranted only where the complaint is so bereft of even the basic facts which are absolutely necessary for making out the offe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or grievance should be prevented from seeking remedies available in criminal law, a complainant who initiates or persists with a prosecution, being fully aware that the criminal proceedings are unwarranted and his remedy lies only in civil law, should himself be made accountable, at the end of such misconceived criminal proceedings, in accordance with law. One positive step that can be taken by the courts, to curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power Under Section 250 Code of Criminal Procedure more frequently, where they discern malice or frivolousness or ulterior motives on the part of the complainant. Be that as it may. 12. Coming to the facts of this case, it is no doubt true that the dispute relates to the non-payment of bill amount of Rs. 34,505/- pertaining to the contract executed by Respondent No. 2. It is also pertinent to note that Respondent No. 2 preferred CWJC No. 5803/1999 wherein an order dated 5.4.2000 was passed by Patna High Court directing the Vice-Chancellor of Bhagalpur University to release the balance amount of Rs. 34,505/- with interest at the rate of 18% w.e.f. 1.10.1994 till the date of payment and pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Vice-Chancellor, the amount was not paid to the second Respondent and no dishonest intention could be attributed to the Appellants. 14. At this stage, we are only concerned with the question whether the averments in the complaint taken at their face value make out the ingredients of criminal offence or not. Let us now examine whether the allegations made in the complaint when taken on their face value, are true and constitute the offence as defined Under Section 406. 15. Section 405 Indian Penal Code deals with criminal breach of trust. A careful reading of the Section 405 Indian Penal Code shows that a criminal breach of trust involves the following ingredients: (a) a person should have been entrusted with property, or entrusted with dominion over property; (b) that person should dishonestly misappropriate or convert to his own use that property, or dishonestly use or dispose of that property or wilfully suffer any other person to do so; (c) that such misappropriation, conversion, use or disposal should be in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract which the person has made, touching the disc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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