petitioner‟s fundamental rights;
(iv) that whether the offence of criminal breach of trust is
made out in absence of the proof of misappropriation ... vehemently argued, that to prove the criminal
breach of trust under Section 409 RPC against the
petitioner/convict, the prosecution was required firstly to
prove
caused the offence of cheating and criminal
breach of trust.
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breach of trust.
6.2 The date of occurrence of offence in both these
FIRs is shown as between
dishonest intention is the sine
qua non and to constitute the breach of trust, voluntary
entrustment is necessary. Both these states of mind are
mutually ... inducement within such intention. Whereas in the
concept of the criminal breach of trust, as defined under
Section 405 of the Indian Penal Code, voluntary
However, an alleged
breach of the contractual terms does not ipso facto
constitute the offence of the criminal breach of trust
without there being ... criminal breach is caused
of
by a public servant or a banker, merchant or agent, the
said offence of criminal breach of trust is punishable
Section 406 of the IPC8 prescribes punishment for breach of trust
which may extend to three years or with fine or with both, when
ingredients ... trust is to be discharged, or of any legal contract
which the person has made, touching the discharge of such
trust.
14. Thus, criminal breach
relevant sections read as follows:-
Section 405 of IPC defines Criminal Breach of Trust
which reads as under: -
"405. Criminal breach of trust.--Whoever ... suffers any other person so to do, commits
20
"criminal breach of trust".
24. The essential ingredients of the offence of Criminal Breach
Indian Penal Code against
Opposite Party no.2 for criminal breach of trust and misappropriation of
public money amounting to Rupees One Crore and also ... against opposite
party no.3 for criminal breach of trust and misappropriation of public
money amounting to Rupees Fifty Lakhs and Twenty Thousand.
10. That
Section 406 IPC lays down:
"406. Punishment for criminal breach of trust.--
Whoever commits criminal breach of trust shall be
punished with imprisonment ... trust."
Section 405 Indian Penal Code defines :-
"405. Criminal breach of trust.--Whoever, being in
any manner entrusted with property, or with
have not forged any document nor committed
any breach of any offence of criminal breach of trust
under Sections ... have not forged any
document nor committed any offence of criminal breach
of trust, much less any offence under the Gujarat Value
Added
emphatic submission that there is no element of cheating,
criminal breach of trust or any other offence so alleged against the
petitioners present ... with regard to inter-play
between breach of an agreement and criminal breach of trust or
cheating and holds that breach of an agreement
