Regarding high court bail application

Dear Client,
Section 409 IPC deals with the offence of criminal breach of trust by a public servant, banker, merchant, or agent, and considered a non-bailable offence. The basic ingredients of Section 409 of I.P.C. are (i) accused person was working in the capacity of public servant, baker, merchant or agent; (ii) Such person was entrusted with the property, the beneficial interest in which was vested in some person other than the accused; (iii) Such person has misappropriated it or converted it to his own use. Therefore, to hold a person guilty under Sections 409 of I.PC, it is necessary to show ownership of the property remains with the transferor, whereas the person being entrusted with the property is a public servant, banker or merchant. If the allegations on the basis of which FIR has been registered under Sections 409 of I.P.C. does not satisfy the basic ingredients of a criminal offence, it may be considered abuse of the process of law. The Section 482 Cr. PC empowers the High Court to dismiss false complaints/criminal proceedings initiated under that FIR/complaint before the trial Court against a person. It is essential to prove to the court that the complaints or allegations were lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner who can submit whatsapp chats, audio, video, or written evidence to prove his or her claim along with a certificate certifying the authenticity of the said documents issued under Section 65B of the Indian Evidence Act, 1872 that deals with the admissibility of electronic evidences and has been replaced by Section 63 of the Bharatiya Sakshya Adhiniyam (BSA) 2023, Accordingly, you can file a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973(now Sec.528 of BNSS) seeking quashing of FIR lodged under Section 409 IPC. Apart, an application for the quashing of an FIR or criminal proceedings can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR or criminal proceedings. So, in the given scenario, it is recommended to consult with an experienced Advocate practicing criminal cases in the High Court for tailored advice and steps to navigate the issue in the right way.