find no allegations are made
attracting the ingredients of Section 405 IPC. Likewise, there are
no allegations as to cheating or the dishonest intention ... dishonest intention of inducement is
made out and the essential ingredients of Sections 405 / 420 IPC are
missing, the prosecution of the appellants under Sections
proceedings under Section 156(3) of the Code, the com-
plaint must disclose relevant material ingredients of Sec-
tions 405, 406, 420 read with Section ... Apart from the fact that the complaint lacks necessary ingredients
of Sections 405, 406, 420 read with Section 34 Indian Penal Code
rightly found that there was no evidence whereby the
ingredients of Section 405 IPC to invite the offence under Section 406 IPC, could
be proved ... essential ingredients of
Section 405 of IPC to invite the offence under section
406 IPC and that essential ingredients for mens rea for
that offence
rightly found that there was no evidence whereby the
ingredients of Section 405 IPC to invite the offence under Section 406 IPC, could
be proved ... essential ingredients of
Section 405 of IPC to invite the offence under section
406 IPC and that essential ingredients for mens rea for
that offence
years, or with fine,
or with both.
10. As per Section 405, the essential ingredients constituting
criminal breach of trust are:
1. Entrusting any person ... reported as (2003) 7 SCC 399 while dealing
with ingredients of Section 405 held as under:-
"xx xx xx
The basic requirement to bring
material/ evidence
collected during investigation that indicates
satisfaction of ingredients of Section 405 read
with Section 406 IPC.
As per the allegations
punishable under Section 406 , the
prosecution has to prove essential ingredients of offence of criminal breach
of trust as defined under Section 405 ... petitioner as has been described above. As such, the
essential ingredients of Section 405 / 406 IPC are not fulfilled.
As regards the proceedings under Section
applicable.
Criminal breach of trust has been defined in Section 405 of the
IPC. Section 405 of the IPC is as under:-
"Criminal breach ... 405 of the IPC makes it clear that the
first ingredient of Section 405 is that there shall be an entrustment of
property
satisfy the ingredients of
Section 405 of the IPC. In the absence of any such
specific averment demonstrating the role of the
accused ... appellant in respect of offence under
Section 409 read with Section 405, even with the aid
of Section 34 of the IPC. Therefore
consideration is
whether criminal proceedings under Section 405 of IPC (breach of
trust) or under Section 415 of IPC (cheating) can be initiated ... converted to their own use so as to
satisfy the ingredients of Section 405 IPC, punishable under
Section
