IPC. No case under section 420 of
IPC can be said to be sustainable against petitioner. Section 420 of
IPC reads ... entrusted to
him by the bank. Though, hypothecated property does not fall in the
meaning of entrustment as defined under section 405 IPC
Section 405 and punishable under Sections 406 and 409 IPC
are:
a) Entrustment of property in any
manner or creation of dominion over
property ... over the property' occurring thereafter.
Before there can be any entrustment, the entrustment
carries with it the implication that the person handing
over
Indian
Penal Code, sections 405, 406 and 482.
Remedies open under law-Whether criminal remedy is
barred when civil remedy is available simultaneously.
Entrustment-Charge ... appellant under section 125
Criminal Penal Code her parents persuaded them to return the
articles entrusted to them at the time of the marriage
occurring
in s. 409 of the Indian Penal Code meant that the property
must have been entrusted to such agent in the ordinary
course ... sections of the Indian Penal
Code .
In Reg. v. Girdhar Dharamdas (1) it was held that reading
ss. 403 and 404 I.P.C. together
Indian Penal Code beginning with s. 405 of the Indian Penal
Code and ending with section 409 of the Indian Penal Code
deals with criminal ... Indian Penal Code. In s.
405 of the Indian Penal Code the offender must wilfully
suffer another person to misappropriate the property
entrusted
with both, are:
(i) entrusting any person with property or with any dominion over
property;
(ii) the person entrusted dishonestly misappropriating or converting ... breach of trust within the meaning of Section 405 of the IPC.
Entrustment of some properties and/or dominion over them, if any,
therefore
entrustment of property or dominion over property being lacking and non-existent, no offence under Section 406 , Indian Penal Code, can possibly be made ... would exclude entrustment of property which is a pre-requisite of the offence under Section 406 of the Indian Penal Code.
37. To deal with
defined in Section 405, Penal Code, in these terms :
"Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly ... warehouse keeper. Section 408, Penal Code, refers to criminal breach of trust by clerk or servant. Section 409, Penal Code, refers to criminal breach
here. The language of Section 405, Penal Code is very wide-"whoever, being in any manner entrusted with property, or with any dominion over ... Prosecutor argues that the word entrusted" may be given the most general meaning in the Indian Penal Code ; it can mean mearly "handed
trial court found that
the offences under Section 409 IPC read with Section 120B IPC so also under
Section 13(1)(c) read ... submitted that for a charge to be
proved under Section 409 IPC entrustment of the property has to be proved.
After considering the entire
