dishonest intention of inducement was made out and the essential ingredients of Sections 405 and 420 was missing, the appellants cannot be prosecuted under Section ... defined under Section 406.
15. Section 405 IPC deals with criminal breach of trust. A careful reading of the Section 405 IPC shows that
used by another person illegally for
illegal purposes, the ingredients of Section 405 of
the Penal Code would get attracted. A case
involving temporary embezzlement ... also attracts the
ingredients of Section 405 of the Penal Code.
Page 38 of 63
https://www.mhc.tn.gov.in/judis
judis
35/58
person illegally for illegal purposes, the ingredients of Section 405 of
the Penal Code would get attracted. A case involving temporary
embezzlement ... also attracts the ingredients of Section 405 of the
Penal Code.
The Hon'ble Supreme Court further held that in the case of State
Apex Court has held as follows:
“13 Section 405 of the Penal Code reads thus:
“ Section 405 .- Criminal breach of trust.- Whoever, being ... custody, that would bar
prosecution under Section 406 IPC or render the
ingredients of Section 405 IPC nugatory or abortive. To
say that because
Apex Court has held as follows:
“13 Section 405 of the Penal Code reads thus:
“ Section 405 .- Criminal breach of trust.- Whoever, being ... custody, that would bar
prosecution under Section 406 IPC or render the
ingredients of Section 405 IPC nugatory or abortive. To
say that because
find
that 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
defined under Section 406 .
15. Section 405 IPC deals with criminal breach of
trust. A careful reading of the Section 405 IPC shows that ... Section 406 IPC prescribes punishment for
criminal breach of trust as defined in Section 405 IPC. For
the offence punishable under Section 406 IPC, prosecution
commits “criminal breach of trust”.”
7.The two main ingredients of Section 405 is that:
a)the accused should be a person who has been ... concerned on the ground
that ingredients of Sections 405 and 409 IPC had not been made out in the
complaint, it would not be appropriate
made by the petitioner under Section 200 Cr.P.C., holding that no
ingredients for the offences under Sections 405 and 420 IPC were made ... offence of which, ingredients are made out. Except stating
that the ingredients for the offence under Section 405 and 420 IPC are
missing and that
offences are concerned,
the main ingredients of the said offences are wholly absent in the complaint.
14. Section 405 of I.P.C. reads ... converted to their own use so as to satisfy
the ingredients of Section 405 of the IPC, punishable under Section 406 IPC.
35.Having come
