Indian Penal Code, 1860
Sections 406 & 506—Criminal breach of trust and intimidation—Prayer to quash FIR—Case of sales of goods—Complainant’s grievance is regarding the failure of appellants to pay the outstanding amount in spite of repeated demands—Ingredients to allege the offence are neither stated nor can be inferred from the averments—A prayer is made to the police for recovery of money from the appellants—Police is to investigate the allegations which discloses a criminal act—Police does not have the power and authority to recover money or act as a civil court for recovery of money—Entrustment is missing, in fact it is not even alleged—Allegations of threats have been made only with an intent to activate police machinery for recovery of money—Initiation of the criminal process for oblique purposes, is bad in law and amounts to abuse of process of law—FIR quashed as prayed for.
[Paras 8 to 10]