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[7.2] Now, so far as offence alleged under Sections 406 and 420 of the IPC is concerned, to make out an offence under Sections 406 and 420 of the IPC, it is worth to refer to provisions of sections 405, 406, 415 and 420 of the IPC, which read as under:

[7.5] At this stage, decision of Hon'ble Supreme Court in the case of Delhi Race Club (1940) Ltd. & Ors. (Supra) is required to be referred to. In paragraph Nos.24 and 25 of the said decision, it is observed and held as under:

"24. This Court in its decision in S.W. Palanitkar & Ors. v. State of Bihar & Anr. reported in (2002) 1 SCC 241 expounded the difference in the ingredients required for constituting an of offence of criminal breach of trust (Section 406 IPC) viz-a-viz the offence of cheating (Section

25. What can be discerned from the above is that the offences of criminal breach of trust (Section 406 IPC) and cheating (Section 420 IPC) have specific ingredients. In order to constitute a criminal breach of trust (Section 406 IPC): - 1) There must be entrustment with person for property or dominion over the property, and 2) The person entrusted: - a) dishonestly misappropriated or converted property to his own use, or b) dishonestly used or disposed of the property or willfully suffers any other person so to do in violation of: i. any direction of law prescribing the method in which the trust is discharged; or ii. legal contract touching the discharge of trust (see: S.W.P. Palanitkar (supra)."

[7.6] Considering the offence under Sections 406 and 420 of the IPC, it appears that there is no iota of evidence under Sections 406 and 420 of IPC and if he accept whatever allegations levelled against the present petitioner, it may be considered as there is a civil dispute pertaining to recovery of money between the parties. Therefore, no offence is made out under Sections 406 and 420 of the IPC and there was no any intention since inception of cheating on part of the petitioner.