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
allegation made in the complaint, they would not attract the
ingredients of Section 405 and 420 IPC.
Hridaya Ranjan Prasad Verma and others vs. State ... entire allegations made in the complaint, no allegation
attract the ingredients of Section 405 and 406 IPC. The allegations
made in the complaint are absurd
converted for his own
use so as to satisfy the ingredients of Section 405
punishable under Section 406 IPC. Hence the learned
Magistrate committed ... under Sections 405 , 406 , 415 and 420 read with Section 34
of the Penal Code. It would thus be necessary to examine
the ingredients
converted for his own use so as to satisfy
the ingredients of Section 405 punishable under Section 406
IPC. Hence the learned Magistrate committed ... primary
allegation and Sections 114, 406, 409, 417 of the IPC added to it.
Section 406 has its ingredients in Section 405
money.
11. Section 406 of the IPC, which deals with criminal
breach of trust, has its ingredients in Section 405 of the
IPC. It mandates ... under Sections 405, 406, 415 and 420 read with Section 34
of the Penal Code. It would thus be necessary to examine
the ingredients
criminal breach of trust".
15.2 While dealing with the ingredients of Section 405 of IPC, the
Hon'ble Supreme Court in Case ... schemes
of the company, even then, the ingredients of section 3 of TPID Act read with
sections 405 / 406 / 415 and 420 of IPC would
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 ... custody, that would bar
prosecution under Section 406 IPC or render the
ingredients of Section 405 IPC nugatory or abortive.
To say that because
interpreted Sections 405 , 406 , 415 and 420 I.P.C. Relevant paragraphs of the judgment are quoted hereinbelow :-
"27. Section 405 of IPC defines ... Court further proceeds to consider whether prima facie ingredients of Section 405 I.P.C. are made out or not. As referred above that ingredients
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
defined under Section
406 of IPC.
(7) Section 405 of IPC deals with criminal breach of trust. A
careful reading of Section 405 ... offence u/S 406 of IPC.
As discussed above, offence under Section 406 of IPC constitutes
when ingredients of Section 405 of IPC are fulfilled
