Supreme Court held that, just by using the words/expressions used in statutes/provisions does not disclose any offence, when the necessary ingredients constituting Section 420 are conspicuously lacking in the complaint.
From Para 5,
5. Except using the expressions fraudulent misappropriation and mala fide intention, the allegations in the complaint do not at all disclose as to how the appellant can be found guilty of the offence under Section 420 IPC. The ingredients constituting Section 420 are conspicuously lacking in the complaint. All the courts have failed to address themselves to the crucial question whether as far as the appellant is concerned any offence under Section 420 or for that matter any offence under Section 409 has been committed. Even going by the allegations in the complaint, allowing the criminal proceedings to go on against the appellant, would result in abuse of the process of the court. Hence, the proceedings in Complaint Case No. 10 of 2000 on the file of the Chief Judicial Magistrate, Sikar are quashed as against the appellant. The appeal is allowed accordingly.
Vijaya Rao Vs State of Rajasthan and Anr on 29 Jul 2005
Citations : [2006 CCR 2 122], [2006 SLT 3 405], [2005 SCC 7 69], [2005 SCC CRI 1600]
Others Sources :
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