Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406 -- Quashing of proceedings - Criminal breach of trust - Contents of FIR does not establish offence of criminal breach of trust - Even, there is nothing in FIR which can satisfy definition of criminal breach of trust - Moreover, charge-sheet shows that no offence u/s 406 IPC was established..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Mere breach of a promise, agreement or contract does not ipso facto constitute offence u/s 405 IPC without there being clear case of entrustment...........
Indian Penal Code, 1860, Section 405, 406 -- Criminal breach of trust - Nothing either in complaint or in any material on record to the fact that any property was entrusted to accused at all which he dishonestly converted for his own use so as to satisfy ingredients of S.405 IPC punishable u/s 406 IPC - Magistrate committed serious error in issuing process against accused..........
Indian Penal Code, 1860, Section 409 -- Criminal Breach of trust - Reduction of sentence - Embezzlement of 85 liters of diesel by accused/driver, which was actually meant for being filled in passenger bus - Accused was in jail from 1999 and now he is in his late sixties and no longer in service and also ailing - He was not involved in any other criminal activity during his..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Accused not having title to the property but dealt with the property and on that basis complainant was induced to part with valuable consideration - These allegations whether true or not is a matter of trial - Order quashing..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Alleged fraudulent transfer of property by A-1 to his wife, assuming it to be illegal by no stretch of imagination can constitute offence u/s 406 IPC, as property was not entrusted...........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of FIR - Development agreement - Amount of Rs.1 crore paid along with development agreement cannot be said to have been entrustment of property - Even otherwise, accused not used the amount nor misappropriate it contrary to any direction of law or..........
Indian Penal Code, 1860, Section 406, 420, 34 -- Criminal breach of trust and cheating - Criminal and civil proceedings - Quashing of criminal proceedings - Prima facie no case is made out u/ss 406, 420 IPC - Dispute between parties is purely of civil nature - Initiating criminal proceedings definitely amounts to an abuse of process of Court - Final report and proceedings..........
Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust and cheating - Misappropriation for unlawful gain by subsequent conduct attracts an offence punishable u/s 406 IPC but dishonest intention at the time of making promise attracts an offence u/s 420 IPC...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Every offence of criminal breach of trust of course involves a civil wrong but only if all ingredients as defined in statue are satisfied, a criminal prosecution is sustainable or justified...........