TMI Blog2018 (3) TMI 1960X X X X Extracts X X X X X X X X Extracts X X X X ..... stalments, for which he has issued a cheque, which was dishonoured because of insufficiency of funds. For dishonour of cheque, the 2nd respondent/complainant has got the remedy of approaching the appropriate Court under Section 138 of the Negotiable Instruments Act. Instead of resorting to the said remedy, the 2nd respondent/complainant has filed the present private complaint against the petitioner, which is nothing but an abuse of the process of law and hence, the petitioner is entitled for quashing of the proceedings against him. This Criminal Petition is allowed by quashing the proceedings against the petitioner/sole accused for the offences punishable under Sections 420 and 406 IPC. - Criminal Petition No. 8090 of 2011 - - - Dated: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner with a mala fide intention has issued the said cheque without having sufficient balance in his account and sought for payment of the amount. On receiving the said notice, the petitioner got issued a reply notice dated 15.01.2010. The petitioner, after paying an amount of ₹ 20,000/- in cash and an amount of ₹ 10,000/- through banker's cheque bearing No. 996518, dated 16.02.2010, has got issued a second reply notice dated 24.02.2010 stating that he was ready to pay the balance amount, if they provide him the particulars of the instalments payable by him. The 2nd respondent, however, without pursuing the proper course of action available under law, has filed the present private complaint. The complaint has been ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tead of proceeding under Section 138 of the Negotiable Instruments Act, had filed the present private complaint, which is nothing but an abuse of the process of law. 5. In support of his contention, learned counsel for the petitioner relied upon a decision of this Court in M/s. NARNE ESTATES PRIVATE LTD. v. Dr. E. SURENDER RAO 2006 (3) ALT (Crl.) 231 (A.P.), where in para-8 it was observed as follows: Every breach of trust may not result in a penal offence of criminal breach of trust unless there is evidence of a mental act of fraudulent misappropriation. An act of breach of trust involves a civil wrong in respect of which the person wronged may seek his redress for damages in a civil Court but a breach of trust with mens rea gives t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rong in respect of which a civil action can be initiated. A breach of trust with mens rea is an important aspect to attract the provisions under Sections 406 and 420 IPC. In this particular case, the petitioner is subscriber of a chit. He became the successful bidder and received the bid amount. However, he could not pay the last five instalments, for which he has issued a cheque, which was dishonoured because of insufficiency of funds. For dishonour of cheque, the 2nd respondent/complainant has got the remedy of approaching the appropriate Court under Section 138 of the Negotiable Instruments Act. Instead of resorting to the said remedy, the 2nd respondent/complainant has filed the present private complaint against the petitioner, which is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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