Penal Code, 1860—Section 406—Criminal breach of trust—Dispute between real brothers—Order of cognizance—Quashing for—The a case based on an alleged Will where the accused opened a joint account with his father and later withdrew funds after his father's death—The complainant failed to show that the funds were given as entrustment under Section 406 I.P.C.—Lack of a written agreement, along with the complainant's attempt to pressure his elder brother due to not being a beneficiary under the Will, indicates malafide intent—Furthermore, no civil proceedings were initiated to challenge the Will as fraudulent—Thus, the proceedings, being of a civil nature cloaked as a criminal case to harass the accused, are quashed—The complainant is ordered to pay Rs. 25,000 as litigati...

Penal Code, 1860—Section 409—Court clarified decision authority, emphasized contextual interpretation—Criminal breach of trust—In a case where the petitioner was convicted under Section 409 of IPC for misappropriating funds meant for Kisan Vikas Patras, the Court clarified that its decision is authoritative only on matters considered in the judgment—Emphasizing the contextual interpretation of observations, it highlighted that points not raised in court are not authoritative—The prosecution's contention regarding the use of photocopies of documents was dismissed, as witnesses provided original records, validating the photocopies—However, the Trial Court's imposition of a harsh sentence was deemed unacceptable—While acknowledging the seriousness of the offense, the Court emphasized th...

Penal Code, 1860—Section 406—Criminal Breach of Trust—An order of acquittal—On the ground that articles were given to the bride and bride groom at the time of their marriage for their joint use and so it does not come within the purview of section 406 IPC —Challenged—Held, such kind of findings of courts below are illegal and against the law—Further, the list of articles, some in print form and some hand written, also been filed—None of the witnesses have identified the signature of accused on the list—The witnesses have also not said that accused has put his signature on the list before them—No signature of any witness on it—The list has not been duly proved as per provisions of Evidence Act—No evidence on the record to prove the charge u/s 406 IPC and hence finding ...

Penal Code, 1860 (IPC)-Section 409—Breach of trust—Accused, Jiwan Dass and Mittar Pal Yadav, were authorized to obtain 10,000 liters but were found short on measurement—Jiwan Dass was a senior officer entrusted with the bank draft, while Mittar Pal Yadav took delivery and claimed he acted on Jiwan Dass's instructions—The court found insufficient evidence to establish entrustment or dominion over the diesel by Jiwan Dass—His conviction was set aside, and the appeal allowed—Conversely, Mittar Pal Yadav's conviction was upheld based on conclusive evidence of his role in taking delivery—His appeal was dismissed, bail bonds canceled, and surrender ordered for the remaining sentence.   ...

Criminal Procedure Code, 1973 (CrPC)—Section 362, Section 468—Breach of trust—Accused alleging misappropriation of funds belonging to a cooperative credit society—Trial court acquitted managing director, citing civil nature of dispute and barred limitation—High Court reversed, convicting managing director under IPC Section 409—Appeal to Supreme Court challenged High Court's decision—Court finds High Court's judgment unjustified due to lack of representation for accused and elevation of charge without notice—Court declines remand due to lengthy proceedings and civil nature of dispute—Orders amount deposited by accused to be paid to cooperative society—Appeals allowed, funds to be disbursed to society—Supreme Court directs disbursement of funds to the cooperative soci...