Penal Code, 1860–Secs. 406–Charge framed for the offence–Justification–No privity of contract between the petitioner and complainant–The amounts were transferred by the complainant in the account of Pinch Bottling Co., N, and his wife–Investigation Officer could not locate the person named N with whom the transactions were made–Sufficient goods were sent by the Company which were found damaged–Complainant should seek the civil remedy for indemnification of damage–Nothing on record to show that the petitioner induced the complainant or any entrustment was made to him by the complainant–Held, proceedings are the gross abuse of process of law and deserve to be quashed.


