Held, no prima facie case had been made out against the Appellants in respect of the alleged offences under Sections 420 and 406 IPC. Even if the allegations made in the complaint are taken to be correct on their face value, may amount to breach of terms of contract by FCIL but do not constitute an offence of "cheating" punishable under Section 420 of the IPC. There was nothing in the complaint which may even suggest remotely that the IEL had entrusted any property to the Appellants or that the Appellants had dominion over any of the properties of the IEL, which they dishonestly converted to their own use so as to satisfy the ingredients of Section 405 of the IPC, punishable under Section 406 IPC. No prima facie case had been made out against the Appellants in respect of the alleged offences under Sections420 and 406 IPC, The complaint lacks any such substance. it was a fit case where the High Court should have exercised its jurisdiction under Section 482 of the Code quashing the complaint against the Appellants.
