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21. All learned senior counsel placed reliance on several judgments. Being of the view that both parties have indulged in abuse of process in preferring complaints, this Court does not consider it necessary to consider the same.
22. The complaint registered in Crime No.10 of 2013 is seen to be malafide for the following reasons:
(i)The dispute essentially is of civil nature.
(ii)From the fact that in Agreements for Construction and Sale informing the Trust to be the vendor, a tale is sought to be spun of offences having been committed under Section 420 IPC - cheating and dishonestly inducing delivery of property, 465 IPC Forgery, 467 IPC Forgery of valuable security, will, etc., 468 IPC Forgery for purpose of cheating, 469 IPC Forgery for purpose of harming reputation and 471 IPC using as genuine a forged document or electronic record. The very reading of the agreements for construction and sale clearly informs the fact of the Company being the owner of the property and of the Trust being an agent and holder of Power of Attorney.