To establish offences under Sections 406 and 420 IPC, allegations must demonstrate dishonest intent and misappropriation, which were absent in this case.

CAV ORDER

1. By preferring the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘ Cr.P.C .’), the applicant has prayed to quash and set-aside the complaint being I-CR No.19 of 2014 registered with the Bilimora Police Station, District Navsari, for the offences punishable under Sections 406 , 420 and 114 of the Indian Penal Code .

2. The brief facts giving rise to the present case may be summarised as under :

(i) That the applicant is one of the Directors of the firm M/s.Wadher Travel Consultant, a company engaged in the business of recruitment for deployment of Indian workers with foreign employers and having a valid registration certificate issued by the Ministry of Overseas Indian Affairs, Government of India, and also approved by the Ministry of Labour, Government of India.

(ii) That the company had published an advertisement calling for recruitment of the workers to work for the ARB company in Iraq. Therefore, the complainant and 65 other workers had approached the accused nos.1 to 4, who are the agents of the Wadher Travel Consultant (for short, ‘the company’), and after charging Rs.80,000=00 from each of them towards the necessary expenditures viz. visa, airfare, etc., they were sent to Iraq to work for Abraj Al-Yaqoot Company at Bagdad. It is alleged that at the time of recruitment, they were assured that the ARB company would pay salary of Rs.30,000=00 and also provide free accommodation and lodging facilities. It is alleged that since the accommodation and lodging facilities were not proper and satisfactory, the complainant and other workers raised a grievance and, therefore, they were asked to leave. It is alleged that after deducting the amount towards the airfare, etc., they were paid the remaining amount of their salary and were sent to India from Iraq.

(iii) That after reaching at Bilimora on 10.03.2014, the complainant had filed a complaint against five accused persons before the Bilimora Police Station for the offences punishable under Sections 406, 420 , 114 of the Indian Penal Code with the allegations that all the accused persons were not only under the obligation to arrange for their travel, but were also under obligation for their service conditions with the employer. Therefore, the offence was registered against the applicant and four other accused persons vide I-CR No.19 of 2014 before the Bilimora Police Station.

(iv) On the strength of the FIR, the investigation commenced. On 27.03.2014, the applicant approached this Court by preferring the present application with a prayer to quash and set-aside the aforesaid FIR registered against him at the Bilimora Police Station, mainly on the ground that he has been falsely implicated in the alleged offence only because he is one of the Directors of the company, and the complaint, even if considered as it is, does not disclose the commission of offence of either cheating or criminal breach of trust since the allegations contained in the FIR are false and insufficient to meet with the concomitants of Section 420 or 406 of the Indian Penal Code .

3. On 28.03.2014, a Coordinate Bench of this Court (Coram : Vipul M.Pancholi, J.), passed the following order :

“Learned counsel for the petitioner has invited attention of this Court to a very wild and improbable allegation by the complainant to an effect that the accused No.1 to 4 who are engaged in the business of travel were not only under an obligation to arrange for their travel but also their service condition with their employer, who, according to the complainant, subsequently asked them to leave as the complainant raised a grievance in relation to their service conditions. RULE. Learned APP for first respondent waives service. Ad-interim relief in terms of para 6(C). Direct service is permitted.”

4. The aforesaid interim relief granted by this Court has been extended from time to time.

5. Heard Mr.F.B.Brahmbhatt, learned advocate for the applicant and Mr.L.B.Dabhi, learned APP fo