A petition preferred under Section 482 of the Cr. It is the source information which disclosed that the petitioner committed criminal breach of trust. The Company is a public limited company, engaged in the manufacturing of pharmaceutical products. Joshi case and the compromise arrived at between the Company and the Bank as also Clause 11 of the consent terms filed in the suit filed by the Bank, we are satisfied that this is a fit case where technicality should not be allowed to stand in the way in the quashing of the criminal proceedings, since, in our view, the continuance of the same after the compromise arrived at between the parties would be a futile exercise. It has to be established that the accused has dishonestly put the property to his own use or to some unauthorized use. Making or possessing counterfeit seal, etc. Suri, Sushil Suri and Smt.
Recently, this Court in A. The principle embodied in the section is based upon the maxim: quando lex aliquid alicui concedit, concedere videtur et id sine quo res ipsae esse non potest i. Section 463 to Section 477A of the Indian Penal Code, 1860 deal with the offences relating forgery, forged documents and making or possessing counterfeit seal, etc with intend to commit forgery. Case of the prosecution was that on 23rd August, 1982 the appellant went to the State Bank of India , Jharia Branch for taking two banks drafts of Rs. The accused searched him and found a bundle containing currency notes. You have to prove that you were not entrusted with any money by cogent, reliable, oral, and documentary evidence before the Magistrate as this section is non compoundable.
He consequently submitted that the case is liable to be quashed against the petitioner. The and for an automatic clothes washer standpipe shall be not less than 2 inches 51 mm in diameter. What is the punishment for Criminal Breach of Trust? Illustrations a A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. Where in a case under this section the charge of dishonest misappropriation was of a small amount but the trial had already taken fourteen long years, it was held that the imprisonment of three months could be reduced to that already undergone and a small fine. These are the panchsheel of a legal entrustment.
He was directed to appear before the trial court. Of the Receiving of Stolen Property This part of the offence against property deals with the receiving of stolen property and is spread over sections 410 to 414 of the Code, both inclusive. The accused must be in such a position where he could exercise his control over the property i. Dishonest intention to misappropriate is a crucial fact to be proved to bring home the charge of criminal breach of trust. The Trial Court placing reliance on their evidence found that only respondent no.
It is trite that while applying ratio, the Court may not pick out a word or sentence from the judgment divorced from the context in which the said question arose for consideration. State of Andhra Pradesh , placing reliance upon Bhagwan Singh v. I therefore reject the contention of the learned Senior Counsel for the petitioner that the investigation is bad being in violation of Section 17 of the P. A dishonestly appropriates the money. Where each shower space is not provided with an individual outlet, the outlet shall be located and the floor pitched so that from one shower does not flow over the floor area serving another shower. While section 381 punishes theft by a clerk or servant this section punishes criminal breach of trust on his part. Separate facilities shall not be required in mercantile in which the maximum occupant load is 100 or fewer.
A clinical sink shall have an integral in which the upper portion of a visible provides a surface. The defense version of the accused was rejected as false. In support of the said plea, decision of this Court in Nikhil Merchant Vs. The Trial Court shall now proceed with the case as expeditiously as possible without being influenced by any observations made by the High Court or in this judgment on the merits of the Chargesheet. The offence under this section is cognizable, bailable, non compoundable and tribal by a magistrate of the first class.
There is nothing on the record to indicate that the Minister kept any criteria in view while making the allotments…………. Employee shall be either separate or employee and public. Exception: Shower compartments having not less than 25 inches 635 mm in minimum dimension measured from the finished interior dimension of the compartment, provided that the shower compartment has not less than 1,300 square inches 0. Provisions under these sections are: Section 406 of Indian Penal Code. However, a portion of the cement purchased was diverted to a godown. That apart, legal pleas have been raised by Sri P. You have some really great posts and I believe I would be a good asset.
Floor flanges for closets or similar fixtures shall be not less than 0. Where the accused persons who were the President and Secretary of a co-operative society were entrusted with dominion over money of the society dishonestly misappropriated the same, they would be held guilty under section 408 and not under section 409 of the Code. His first stand is that he has dispersed as much as Rs. Therefore, a regular case is registered and entrusted to Sh. The language of this section is very wide. Before embarking on an evaluation of the rival submissions, it would be instructive to briefly notice the scope and ambit of the inherent powers of the High Court under Section 482 of the Cr.
The offence of criminal breach of trust is committed when a person who is entrusted in any manner with property or With dominion over it, dishonestly misappropriates it, or converts it to his own use, or-dishonestly uses it or disposes it of in violation of any direction of law prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied, made by him touching such discharge, or willfully suffers any other person so to do. In such cases situations the concerned parties share a fiduciary relationship particularly. The acts of criminal breach of trust done by strangers is treated less harshly than acts of criminal breach of trust on part of the persons who enjoy special trust and also in a position to be privy to a lot of information or authority or on account of the status enjoyed by them, say as in the case of a public servant. He further asserted that prima facie case is made out against the petitioner, so much so, it is a fit case to proceed with the trial of the case. Where the accused partner opened a bank account in the name of a partnership firm declaring himself as the sole proprietor and encashed the cheques payable to the firm, this section cannot be attracted unless it be proved that the other partners had entrusted to him partnership property or dominion over partnership property.