criminal breach of trust is
not made out, a case of dishonest misappropriation in terms of the
provision as contained in Section 403 of Indian ... offence of cheating or criminal breach of trust
and even of dishonest misappropriation or not ?
The offence of cheating has been defined under Section
Given Two Blank Cheques At The vs Dishonestly Misappropriated And ... on 30 June, 2018
IN THE COURT OF THE IX ADDL.CHIEF METROPOLITAN
MAGISTRATE ... filed a
false case against the complainant, and thereby the
accused dishonestly misappropriated and cheated.
6 CC 20087/03
6. On receipt of charge sheet
When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, It shall be sufficient to specify ... charges under criminal breach of trust (405 /406 IPC ) or dishonest misappropriation of money or property and consequence of failure of such sufficient particulars. Second
manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes ... property, or entrusted with dominion over property;
(b) that person should dishonestly misappropriate or convert to his own use that property, or dishonestly
this
manner, Pankaj Maingi, accused, committed
forgery, cheating and dishonest
misappropriation of the amount aforesaid.
Criminal Appeal No. 143-SB of 1998 -11-
Sanction ... tune of Rs. 74,600/-. He
also denied that he dishonestly misappropriated
Rs. 3,00,000/-. He denied to have received
payments, from the State
manner entrusted with property, or with any dominion over
property, dishonestly misappropriates or converts to his own
use that property, or dishonestly uses or disposes ... constituting offence of breach of trust is entrustment of
property, its dishonest misappropriation leading to loss.
5.3 The factum of entrustment of food grains
criminal breach of trust, but is also an offence of dishonest misappropriation of property as well as cheating. According to the learned Senior counsel ... sake of brevity, those sections are extracted hereunder:
403.Dishonest misappropriation of property:Whoever dishonestly misappropriates or converts to his own use any movable property
manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes ... property or with dominion over prooertv*
(2) the Person entrusted
(a) dishonestly misappropriating or converting to his own use that DroDertv., -or.
(b) dishonestly using
manner
entrusted with property, or with any dominion over property,
dishonestly misappropriates or converts to his own use that property,
or dishonestly uses or disposes ... property, or entrusted with dominion over property; (b) that
person should dishonestly misappropriate or convert to his own
use that property, or dishonestly
manner
entrusted with property, or with any dominion over property,
dishonestly misappropriates or converts to his own use that property,
or dishonestly uses or disposes ... property, or entrusted with dominion over property; (b) that
person should dishonestly misappropriate or convert to his own
use that property, or dishonestly