C. Subbiah @ Kadambur Jayaraj & Ors. vs. The Superintendent of Police & Ors. (SC)

Penal Code, 1860–Secs. 420, 120-B, 294(B), 506/114–Benami Transactions (Prohibition) Act, 1988–Criminal proceedings–Sustainability–Complainant invested the amount in land deals which were evidently benami transactions–He could not have instituted the civil proceedings or recovery against the persons in whose name, the properties were held–Therefore, he took the recourse of criminal proceedings–No such allegation in the complaint which can persuade the Court to hold that the intention of the accused-appellants was to defraud the complainant right from the inception of the transactions–No material to show that the accused indulged in criminal intimidation of the complainant–Provisions of Sec. 294(b) also do not apply in this case–Allowing of prosecution would tantamount to abuse of the process of law–Quashed.