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Chunduru Siva Ram Krishna & Anr vs Peddi Ravindra Babu & Anr on 25 March, 2009

In Chundura Siva Ram Krishna & Anr. Vs. Peddi Ravindra Babu & Anr. 2009 (4) Crl. Court Cases 565 (SC), it was held by the Hon'ble Supreme Court that every breach of trust may not result in a penal offence of criminal breach of trust unless there is evidence of a mental act to fraudulent misappropriation. It was further held that an act of breach of trust involves a civil wrong in respect of which the person wronged may seek his redress for damages in a civil court but a breach of trust with mens rea gives rise to a criminal prosecution as well.
Supreme Court of India Cites 19 - Cited by 140 - M Sharma - Full Document

Sat Narain And Ors. vs The State Of Punjab on 8 January, 1973

In Sat Narain & Ors. Vs. State of Punjab & Ors. 1974 CRI.L.J. 232 (V 80 C 89), it was held that Crl. A. No. 16/09; Suresh Chand Vs. The Govt of NCT of Delhi Page 8 of 10 it cannot be denied that the money which was deposited with the company was to be utilised by the company as its own money by giving it to other members as a loan on higher interest. The depositors could get the equivalent amount back after the end of 50 months along with interest at 6 per cent. The money was not to be returned in specie and could not be termed as entrusted to the company. In such a situation, only a civil liability is created and even if the allegations are accepted, no case of criminal breach of trust within the meaning of section 405 IPC was made out.
Punjab-Haryana High Court Cites 6 - Cited by 3 - Full Document
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