2023 registered for offences
punishable under Sections 406 , 420 read with Section 34 of the
Indian Penal Code, 1860 ('the IPC ... IPC, the
ingredients are found in Section 405 of the IPC. Section 405 of
the IPC would get attracted
IPC) and cheating ( Section 420 IPC)
have specific ingredients.
In order to constitute a criminal breach
of trust ( Section 406 IPC ... complaint as alleged for
offences under Section 406 and Section 420 of the IPC. The
entire complaint averments prima facie goes to reveal
interests of justice.
11. Section 406 of the Indian Penal Code, 1860 ( I.P.C .) prescribes the punishment for the offence of criminal breach ... entrustment, leading to an alteration of the charge from Section 406 to Section 403 I.P.C. (dishonest misappropriation of property).
16. The second critical
Therefore, the offence under Section 420 IPC / Section
318(4) BNS is not made out.
40. Section 406 IPC punishes criminal ... Supreme Court reiterated the distinction between Section
406 and Section 420 IPC. Criminal breach of trust requires
entrustment followed by misappropriation, whereas cheating
Bengaluru,
registered for the offences punishable under Sections 406 , 420 ,
468 and 471 of Indian Penal Code (for short, ' IPC ... IPC)
and cheating ( Section 420 IPC) have specific
ingredients:
In order to constitute a criminal breach of trust
( Section 406 IPC
Bengaluru,
registered for the offences punishable under Sections 406 , 420 ,
468 and 471 of Indian Penal Code (for short, ' IPC ... IPC)
and cheating ( Section 420 IPC) have specific
ingredients:
In order to constitute a criminal breach of trust
( Section 406 IPC
Dimapur was
pleased to alter the sections from Section 316(2) / 318(3) to Section
406 / 418 IPC.
10. Learned counsel ... offence of criminal breach of trust under Section 405 IPC punishable
under Section 406 IPC is clearly present in the instant
petitioner was discharged from the
offence punishable under Section 406 of the Indian Penal Code.
2. The facts in brief are that the complainant/respondent ... application and discharged
the petitioner, holding that no offence under Section 406 IPC was made out.
Aggrieved thereby, the complainant preferred a criminal
Section 161 Cr.P.C. and the statement was also recorded under Section 164 Cr.P.C. In her statement given under Section 164 ... statement was recorded under Section 164 Cr.P.C. The Investigation Officer filed a charge sheet under Section 406 of Cr.P.C. against Awadhesh
dilly dallying to pay the same.
8. In the context of Section 406 I.P.C., proceedings may be quashed if the complaint ... offence under Section 406 I.P.C.
9. Section 406 of the Indian Penal Code, 1860 ( I.P.C .) prescribes the punishment for the offence
