find that no allegations are
made attracting the ingredients of Section 405 I PC.
Likewise, there are no allegations as to cheating or the
dishonest ... dishonest intention of inducement is
made out and the essential ingredients of Sections 405 /420 I PC
are missing, the prosecution of the appellants under
Entrustment" held as under :-
" Section 405 of the Penal Code reads thus:
" Section 405 .- Criminal breach of trust.- Whoever, being ... under Section 409 , Indian Penal Code the first essential ingredient to be proved is that the property was entrusted.... But when Section 405 which defines
true, the basic essential
ingredients of dishonest misappropriation and cheating
are missing which are essential ingredients of Sections
405 ... circumstances it was
found that the ingredients of Section 405 were not prima
facie satisfied. The Hon'ble Apex Court, in the same
matter
provision of the Sections. Section 405 of the
IPC defines the offence of criminal breach of trust and Section ... doubt nor foist such responsibility on the Accused. Hence, the
ingredients of Section 405 of the IPC, as detailed hereinabove,
have clearly not been established
converted for his own use so as to satisfy the
ingredients of Section 405 punishable under Section 406 of
IPC. Hence the learned Magistrate committed ... covered for their own use so as to
satisfy the ingredients of Sections 405 punishable under
Section 406 of the IPC. None of the petitioners
Apart from the fact that the Complaint lacks
necessary ingredients of Sections 405, 406, 420 read
with Section 34 IPC, it is to be noted
Managing Director, he cannot be said to have committed an offence under Section 406 of the Penal Code. If and when a statute contemplates creation ... satisfy the ingredients of Section 405 of the IPC. In the absence of any such specific averment demonstrating the role of the accused
made the
following observation: -
42. On a reading of the aforesaid section, it is
manifest that in the definition there are two separate
classes ... First Information Report itself. Further, I find that
ingredients of Section 405 of the Indian Penal Code is also missing in the
7
instant cases
Sri. Manjunath Hebbar vs The State Of Karnataka on 13 December, 2021
Author: M. Nagaprasanna
stage, it would be appropriate to notice
Section 405 of the IPC which states as under:
"405. Criminal breach of trust.--Whoever, being ... breach of trust"."
38. Offence under Section 405 of the IPC is punishable
under Section 406 of the IPC which states as
under
