C J NIZON Vs. VASANTHA DEVI BAGHMAR

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to call for the records pertaining to the proceedings pending in CC.No,6665/2005 on the file of the Metropolitan Magistrate No.III, George Town, Chennai-1 and quash the same.) THIS Criminal Original Petition is filed to quash the proceedings in CC.No,6665/2005 on the file of the learned Judicial Magistrate III, George Town, Chennai.

(2.) THE brief facts, which are necessary for the disposal of this Criminal Original Petition, are as follows:- THE Respondent/complainant has filed the private complaint against the Petitioners herein for the offences under Section 406, 418 420, 464 and 468 of IPC read with Section 34 of IPC. THE 1st petitioner entered into a hire purchase agreement dated 16.4.2003 with the Respondent for purchasing the For Car bearing Registration No.KL-2J-111 and the total hire purchase amount is Rs.1,64,400/-. Out of the said amount, the 1st Petitioner has paid a major portion of a sum of Rs.1,34,400/- with interest. THE 1st Petitioner has committed default in payment of the remaining installments of Rs.30,000/-. Instead of invoking the arbitration clause to collect the balance amount due from the Petitioners, the Respondent has resorted to criminal proceedings by filing the above said complaint for the offences as stated above.

(3.) TO make out a case of criminal breach of trust, it is not only sufficient to show that the money has been retained, but it must also be shown that the accused had disposed of the vehicle dishonestly, so as to attract the above said offences. The main criteria to attract the above said offences are deception at the inception of the transaction and inducing such person to do or omit to do something, which he would not have done when he was not so deceived.