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3. Apart from these allegations, there is also the allegation that the petitioners committed the offences under Section 406 read with Section 120-B IPC. The operative portion of the order on charge reads as under:

From the above facts and circumstances, the charges laid do not appear ground-less. A strong suspicion is raised on perusal of the materials placed before me, leading to a prima facie opinion as to the existence of factual ingredients constituting offence Under Section 120-B IPC, Sec 406 IPC, Under Section 23 read with Section 6 of F.C.R.A and Under Section 25 read with Section 13 of F.C.R.A. The charge that was framed against the petitioners reads as under:
I, R. K. Gauba Chief Metropolitan Magistrate Delhi do hereby charge you accused Nemi Chand Jain @ Chandra Swami, Kailash Nath Aggarwal @ Mamaji, Rikab Chand Jain, Dr. Pratap Chandra Reddy, Ram Kumar Singh Senger, Vikram Singh & M/s Vishwa Dharmayatan Trust as under:
That you during the period in between 1992 and 1995 at Delhi agreed amongst yourselves and others known to do or cause to be done an illegal act by illegal means to wit, to misappropriate the foreign contributions received in the name of Vishwa Dharmayatan Trust, and in furtherance of the said criminal conspiracy took the permission from Ministry of Home Affairs, Central Government of India to get foreign contribution in A/C No. 135-A opened in the State Bank of Bikaner and Jaipur, Saket, Delhi and you received as many as 11 contributions to the tune of Rs. 2,28,88,638/- from different persons of different foreign sources but you dishonestly did not deposit the said amounts in the said A/C No. 135-A with State Bank of Bikaner & Jaipur, Saket, Delhi rather you credited the said amounts in (i) A/C No. 1895 UCO Bank, Hauz Khas, (ii) A/C No. 8888, Central Bank of Rajasthan, Janpath, Delhi in place of A/C No. 135-A without any prior permission of M. H. A. dishonestly and you also neither maintained any account nor submitted and return in respect of the said amount to M. H. A. within prescribed period and dishonestly committed criminal breach of trust by misappropriating the said amounts, and you thereby committed an offence punishable Under Section 120-B r/w 406 IPC and Under Section 6, 13 r/w 23 F.C.R. Act, 1976 and within my cognizance.
Secondly that you during the said period at the said place, being entrusted or having dominion over the Foreign Contributions to the tune of Rs. 2,28,88,638/- committed the criminal breach of trust by misappropriating the same for your own use dishonestly.
And you thereby committed an offence punishable Under Section 406 IPC and within my cognizance.
Thirdly that you during the said period at the said place dishonestly received foreign contributions to the tune of Rs. 2,28,88,638/- from different foreign sources and credited the same in A/C No. (i) A/C No. 1895 UCO Bank, Hauz Khas, (ii) A/C No. 8888, Central Bank of Rajasthan, Janpath, Delhi in place of A/C No. 135-A with State Bank of Bikaner and Jaipur, Saket, New Delhi without the prior registration of aforesaid three banks i.e, (i) UCO Bank (ii) Central Bank of India and (iii) Bank of Rajasthan for taking foreign contributions from Ministry of Home Affairs, Government of India.
He also supported the order on charge in respect of the offences under the Indian Penal Code.

8. Insofar as the IPC offences are concerned, I am in agreement with the learned Counsel for the petitioners that they are not made out. This is because there is no allegation of any entrustment or breach of trust made on the material on record. No beneficiary of the Society/ Trust has come forth to allege that the money that has been received by the Society has not been expended for the purposes and objects of the Society. I am also in agreement with the submission made by Mr Nayar that this is a case of donations, which amount to gifts/ transfers of money and not of entrustment. Therefore, there is no question of the offence under Section 405 IPC being made out, which is punishable under Section 406 IPC. The allegations of conspiracy are also with regard to this offence under Section 405 punishable under Section 406 IPC. The same would also not stand. Accordingly, the charges under Section 406 and 120-B IPC are not made out.