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1 - 4 of 4 (2.71 seconds)Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 405 in The Indian Penal Code, 1860 [Entire Act]
Satishchandra Ratanlal Shah vs The State Of Gujarat on 3 January, 2019
8. In view of above, it transpires that there is business transaction and
iron ore was supplied by the O.P. No. 2. Payment was done in terms of contract
by the petitioners to the O.P. No.2. However, from the last week of April, 2010
payment was not made for that complaint was filed. It appears that for a
commercial transaction criminal case has been filed. Offence of criminal breach
of trust has been defined under section 405 I.P.C. and same is punishable under
section 406 I.P.C. In order to bring offence of criminal breach of trust,
entrustment should be there. From the very beginning there is no intention of
cheating and that is why the learned court has not taken cognizance under
section 420 I.P.C. Admittedly, the transaction was with regard to business terms.
Mere breach of contract does not constitute offence under section 405 I.P.C.
without there being care of entrustment, in this regard reference may be made to
the case of "Satishchandra Ratanlal Shah V. State of Gujarat and
Others." AIR 2019 SCC 1538.
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