take cognizance and issue process only
for the offence of criminal breach of trust as defined under Section 405 of the IPC
and made punishable ... each case.
30. The distinction between mere breach of contract and the offence of criminal
breach of trust and cheating is a fine
December, 2003 to cheat the SBH and to commit
theft, criminal breach of trust, forgery and criminal misconduct for
obtaining undue pecuniary advantage for themselves ... such criminal
breach is caused by a public servant or a banker,
merchant or agent, the said offence of criminal
breach of trust is punishable
December, 2003 to cheat the SBH and to commit
theft, criminal breach of trust, forgery and criminal misconduct for
obtaining undue pecuniary advantage for themselves ... such criminal
breach is caused by a public servant or a banker,
merchant or agent, the said offence of criminal
breach of trust is punishable
December, 2003 to cheat the SBH and to commit
theft, criminal breach of trust, forgery and criminal misconduct for
obtaining undue pecuniary advantage for themselves ... such criminal
breach is caused by a public servant or a banker,
merchant or agent, the said offence of criminal
breach of trust is punishable
such criminal breach is caused by a public
servant or a banker, merchant or agent, the
said offence of criminal breach of trust is
punishable ... 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
legal position in respect of an
offence of criminal breach of trust having
regard to its definition contained in Section
405 of the Penal Code ... However, an alleged breach of the contractual terms
does not ipso facto constitute the offence of the
criminal breach of trust without there being
contend that it is not purely a commercial
transaction but breach of trust. `36/- crores are handed over to
the Company. The Complainant ... said
sections read as follows:
"406. Punishment for criminal breach of trust.--
Whoever commits criminal breach of trust shall be punished
with imprisonment
useful to refer the definition and punishment of criminal breach of trust and related provision provided under Sections 405 , 406 and 409 Indian Penal Code ... trust is to be discharged, or of any legal contract which the person has made, touching the discharge of such trust.
16. Thus, criminal breach
contended that the essential ingredients of cheating and criminal
breach of trust are not made out even if the contents of the FIR and
charge ... 2023APPLN.odt
30. The distinction between mere breach of contract and
the offence of criminal breach of trust and cheating is a fine
ingredients required for constituting an of
offence of criminal breach of trust ( Section
406 IPC) viz-a-viz the offence of cheating
( Section ... each
case.
30. The distinction between mere breach of
contract and the offence of criminal breach of
trust and cheating is a fine
