MR. ROBERT JOHN D'SOUZA AND OTHERS versus MR. STEPHEN V. GOMESANDANOTHER

MR. ROBERT JOHN D'SOUZA AND OTHERS versus MR. STEPHEN V. GOMESANDANOTHER

None of the offences for which the appellants were summoned are made out from the complaint and material on record, constituting an abuse of process of law; entrustment, deception, and accused's status as public servant, banker, etc., are not established; proceedings are liable to be quashed.

Parties
Appellants: MR. ROBERT JOHN D'SOUZA AND OTHERS; Respondents: MR. STEPHEN V. GOMES AND ANOTHER
Jurisdiction
India
Judgment Date
21 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Order Dismissing Petition to Quash Criminal Complaint From High Court of Karnataka
Outcome
Appeal allowed; criminal proceedings quashed.
Legal Topics
Quashing of Criminal Proceedings, Abuse of Process, Cheating, Criminal Breach of Trust, Delay in Filing Complaints
Criminal Law Quashing of Criminal Proceedings Abuse of Process Cheating Criminal Breach of Trust Delay in Filing Complaints

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

MR. ROBERT JOHN D'SOUZA AND OTHERS

Appellants

MR. STEPHEN V. GOMES AND ANOTHER

Respondents

Procedural Posture

Criminal Appeal / Appeal Against Order Dismissing Petition to Quash Criminal Complaint From High Court of Karnataka

Legal Issues

  1. 1 Whether criminal proceedings under Sections 406, 409, 420 read with Section 34 IPC should be quashed against the appellants based on complaint filed after a considerable delay by a non-member of the Society
  2. 2 Whether ingredients of the alleged offences are made out from the complaint and material on record

Ratio Decidendi

None of the offences for which the appellants were summoned are made out from the complaint and material on record, constituting an abuse of process of law; entrustment, deception, and accused's status as public servant, banker, etc., are not established; proceedings are liable to be quashed.

Court Disposition

Appeal allowed; criminal proceedings quashed.

Orders

  • Orders passed by High Court and courts below set aside.
  • Order summoning appellants in criminal complaint quashed.