Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - For the offence of cheating, dishonest intention must exist at the inception of the transaction, whereas, in case of criminal breach of trust there must exist a relationship between the parties whereby one party entrusts another with the property as per law, albeit dishonest intention..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Mere retention of property entrusted to a person without any misappropriation cannot fall within ambit of criminal breach of trust - Unless there is some actual use by accused in violation of law or contract, coupled with dishonest intention, there is no criminal breach of trust...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Cheques were entrusted with accused in terms of collective decision taken by General Body of Union - No case of prosecution that said cheques were dishonestly misappropriated by accused contrary to terms of an obligation imposed - Cheques were seized by police and same has been produced before Magistrate -..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Offence u/ss 420, 406, 120-B IPC - Sale of goods - Non-payment of consideration amount - There can be civil remedy for non-payment of consideration amount, but no criminal case will be maintainable for it - Prima facie offence of cheating, criminal breach of trust or of criminal conspiracy not made out - Proceedings..........
Indian Penal Code, 1860, Section 405, 406 -- Criminal breach of trust - Mere wrong demand or claim would not meet conditions specified by S.405 IPC, in the absence of evidence to establish entrustment, dishonest misappropriation, conversion, use or disposal which action should be in violation of any direction of law or legal contract touching the discharge of trust...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Goods entrusted with the Company - Managing Director of company cannot be prosecuted without company as an accused - Entrustment of goods being with the company alone, in the absence of any specific overt act on the part of Managing Director, no offence u/s 406 IPC can be made out against Managing Director..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - For seeking prosecution of an accused for offences of cheating and breach of trust, intention to cheat must be existing at the inception of transaction - Subsequent development of such intention would not create an element of criminality in the act complained of...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - Dispute is regarding dishonor of cheque - Only permissible remedy available to complainant would have been to file a complaint u/s 138 of Negotiable Instruments Act - However, no action is taken under said Act - Moreover, accused has not been imputed the intention to cheat complainant at the..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - An act of breach of trust simpliciter involves a civil wrong of which the person wronged may seek his redress for damages in a civil court but a breach of trust with mens rea gives rise to a criminal prosecution as well - Dishonest intention is an essential element to constitute an offence of criminal..........
