consider the individual
charges against the appellant. Turning to Section 405
read with Section 406 IPC, we observe that the dispute
arises ... satisfy the ingredients of Section
405 punishable under Section 406 IPC. Hence the
learned Magistrate committed a serious error in
issuing process against
between the parties. Hence, the offence punishable
under Sections 406 or 420 of the Indian Penal Code is not made out. In support ... claim would not meet the
conditions specified under Section 405 of the Indian Penal Code in the absence
of any evidence to establish entrustment, dishonest
between the parties. Hence, the offence punishable
under Sections 406 or 420 of the Indian Penal Code is not made out. In support ... claim would not meet the
conditions specified under Section 405 of the Indian Penal Code in the absence
of any evidence to establish entrustment, dishonest
would be appropriate
to discuss the relevant provisions of Indian Penal Code .
Section 405 of the IPC criminal Breach of Trust :-
Whoever, being ... satisfied. For Section 406 IPC to get attracted, there
must be criminal breach of trust in terms of Section 405 IPC
cognizance of
the offence under Section 406 of the Indian Penal Code.
16. Section 406 of the Indian Penal Code lays down punishment for
criminal ... Section 405 of the Indian Penal Code. Even if I analyse the complaint
and see whether any other provision of Indian Penal Code
Exception of section 339 IPC in this case
is applicable.
9. Section 406 of the Indian Penal Code is punishment of
criminal breach ... criminal
breach of trust is concerned, section 405 of the Indian Penal Code
defines the same. To bring home the offence, there should be
entrustment
true and
constitute the offence as defined under Section 406.
15. Section 405 IPC deals with criminal breach of trust. A
careful reading ... Section 405 IPC shows that a criminal
breach of trust involves the following ingredients:
(a) a person should have been entrusted with property
true and
constitute the offence as defined under Section 406 .
15. Section 405 IPC deals with criminal breach of trust. A
careful reading ... Section 405 IPC shows that a criminal
breach of trust involves the following ingredients:
(a) a person should have been entrusted with property
trust having regard to its definition
contained in Section 405 of the Penal Code. (See Ajay
Mitra v. State ... offence punishable under Section 406 of Indian
Penal Code, the definition of which is contained in Section 405 of
Indian Penal Code.
9. Now coming
this Court to the illustration 'c' of Section 405 of
Indian Penal Code which reads as under:-
"405. Criminal breach of trust ... Section 420 of Indian Penal Code is not made
out.
14. So far as the offence punishable under Section 406 of Indian
Penal Code
