2019 Cri L J 3479 (Mad) ::2019 Cri LJ 3479 ::(2019) 1 MadLW(Cri) 870

Madras High Court

Hon'ble Judge(s): G. K. Ilanthiraiyan , J

Criminal P.C. (2 of 1974) , S.482— Penal Code (45 of 1860) , S.406, S.420— Quashing of FIR - Permissibility - Offence of Criminal breach of trust and cheating - Accused allegedly failed to install CCTVs causing loss to public exchequer - No intention of accused to cheat while entering work agreement as CCTV cameras installed by him damaged due to cyclone - @page-CriLJ3480Prosecution never alleged that accused entered into agreement with fraudulent or dishonest intention inducing him to enter into work agreement - Dispute between parties are civil in nature - Presence of arbitration clause in agreement - Ingredient necessary to constitute offences alleged are not made out against accused - Continuation of criminal proceedings would amount to abuse of process of court - FIR liable to be quashed. (Para 16 20 21)