make out the offence of either
Section 406 or Section 420 as the necessary ingredients under
Sections 405 and 415 IPC have not been indicated ... make out the offence of either Section
406 or Section 420 as the necessary ingredients under Sections 405 and
415 I.P.C. have
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 ... this Court considered the ingredients of Sections
405 and 406 IPC--criminal breach of trust and vicarious liability. In
the said decision , after finding that
proceedings under Section 156(3) Cr.P.C., the complaint
must disclosed relevant material ingredients of Sections 405 ,
406 , 420 read with Section
that for proceedings under section 156 (3) of the Code, the
complaint must disclose relevant material ingredients of Sections
405 , 406 , 420 read with Section
prima facie material that the present petitioners committed offence
under sections 406 / 420 / 471 / 468 / 504 / 506 / 120B I.P.C. The partnership firm ... converted for his own use so as to satisfy the ingredients of Section
405 punishable under Section 406 IPC. Hence the learned Magistrate
committed
maintainable as the allegation levelled
against the petitioners in the complaint under Section 156(3) Cr.P.C. as purely
civil in nature relied upon ... u/s 156(3) of Cr.P.C. regarding cheating and breach of trust, the
complaint must disclose relevant mater of ingredients of Sections
405
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 ... 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
have committed criminal breach of trust.
Hence, to attract Section 405 IPC, the
following ingredients must be satisfied:
(i) Entrusting any person with property ... three years or with fine
or with both, when ingredients of Section 405 of the IPC are
satisfied. For Section
with both.
Ingredients of offence.-- The essential ingredients
of the offence under Sec. 406 are as follows:-
(1) Mens rea is essential ingredient of offence ... converted for his own use so as
to satisfy the ingredients of Section 405 punishable under
Section 406 of IPC. Hence, learned Magistrate committed
with both.
Ingredients of offence.-- The essential
ingredients of the offence under Sec. 406 are as
follows:-
(1) Mens rea is essential ingredient of offence ... converted for
his own use so as to satisfy the ingredients of Section
405 punishable under Section 406 of IPC. Hence, learned
Magistrate committed
