Wrong monetary demand or claim does not attract offence of criminal breach of trust, in absence of proof of dishonesty and entrustment.

The complainant claimed that the accused had forged a demand of huge amount although the goods supplied by the accused were not as per requirements and demands of the complainant. The Magistrate had issued summons to accused for allegedly committing offence of criminal breach of trust. The content of the complaint mainly disclosed a civil dispute. The demand of money made by accused for material he supplied, even if assumed to be wrong, would not constitute ingredient of criminal breach of trust to justify issuance of summons. The High Court had failed to take due notice of fact that criminal proceedings cannot be allowed to be initiated when criminal proceedings are initiated with ulterior motive of wreaking vengeance due to private or personal grudge. Supreme Court overruled and quashed summoning order issued by Allahabad High Court.

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