Indian Kanoon - Search engine for Indian Law

"He will now proceed to consider the final report submitted by the Police (C.I.D.). I should, however, like to observe for the benefit of the learned Magistrate that he will bear in mind that mere failure to follow rules and regulations is neither cheating nor breach of trust. He will also bear in mind while applying himself to the case diary with all thoroughness whether there is any material to show that the Railways have suffered. In order to constitute offence cheating causation of damage or harm to a person in body, mind, reputation or property is essential. The learned Magistrate will direct his attention to this aspect of the matter. Loss to the Railways cannot be presumed merely from the fact of irregular booking. The learned Magistrate will consider the effect of issuing of despatch advice and forwarding notes by Tisco at the time of despatch of goods. The learned Magistrate will also bear in mind that mere failure to pay does not amount to cheating for, mere breach of contract is not cheating. The attention of the learned Additional Chief Judicial Magistrate is particularly drawn to the cases of Harkrishna Mahatab v. Emperor (AIR 1930 Patna 209), Major Robert Stuart Wauchope v. Emperor (AIR 1933 Calcutta 800) and the State of Kerala v. A. Prasad Pillai and Another (AIR 1973 SC 326). To my mind that Railway as an organisation profited rather than lost by the unusual procedure adopted in relation to Tisco. The learned Magistrate will also consider whether the whole case diary reveals any material indicating that any public servant had enriched himself either by bribery or by breach or by breach of faith. After going through the case diary thoroughly the learned Magistrate will decide dehors the recommendation of Superintendent of Railway Police, respondent No. 7 and C.I.D. whether any offence had been committed and if so which accused should be put on trial".