Indo Asian Ltd. Vs. State of Uttrakhand & Anr.
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Head Note
Indian Penal Code,1860 - Section 406
Criminal breach of trust - Quashing of FIR - Sustainability - Appellant filed complaint against response u/s. 406 IPC - Respondent filed petition before HC for quashing FIR and not to arrest him - While the petition was pending, Judicial Magistrate took cognizance of case and issued summons - Proceedings were challenged before HC and HC quashed proceedings - Hence instant appeal - Held, FIR as well as various invoices was produced - Allegations raised in FIR as well as documents, HC was at threshold, should not have quashed complaint and summons issued by Criminal Court - Hence, order recorded by HC was set aside and directed Criminal Court to proceed with case in accordance with law - Order accordingly.
Topic(s)-
Important Decision(s)- IPC Sec 406 - FIR as well as various invoices was produced - Allegations raised in FIR as well as documents, should not have quashed complaint.