Penal Code, 1860–Secs. 406, 420 & 120-B [Corresponding Secs.316(2), 318(4) & 61(2) of BNS, 2023]–Criminal proceedings–Sustainability–There is a clear absence of material on record to attribute any dishonest and fraudulent intention to the appellant-accused at the time of creation of partnership agr-eement–Mere allegation that the appellant-accused dishonestly induced the complainant to part with the property of the partnership firm and subsequently sold the property to a third party does not satisfy the test of dishonest inducement to deliver a property or part with a valuable security as enshrined u/s. 420–It is also not clear that how the complainant has entrusted the subject property to the accused-appellant and how the property so entrusted was dishonestly misappropriated or converted for his own use, thereby committing a breach of trust–Complainant had an alternative remedy to file a suit to set aside the sale deed executed in favour of third party and claim damages for the alleged violation of his contractual rights which he had already pursued–Proceedings are liable to be quashed.
