Posts Tagged by criminal breach of trust
A) Indian Penal Code, 1860 — Sections 403 and 406 — criminal breach of trust — issuance of summons against the appellants — High Court rejected the petition for quashing the proceedings — challenged — complaint filed on the allegations that the contract was terminated by IFFCO fraudulently, to usurp the entire amount towards the work done by the complainant and that IFFCO took illegal possession of all the goods and articles belonging to the firm lying within its premises — held the proceedings are nothing more than an abuse of the process of the court, particularly in view of the fact that, with respect to enact the same subject matter, various complaint cases had already been filed by respondent No.2 and his brother, which were all dismissed on merits, after the examination of witnesses — criminal proceedings against the appellants quashed — appeals allowed.
B) Criminal Procedure Code, 1973 — Section 472 — in the case of a continuing offence, the ingredients of the offence continue, i.e., endure even after the period of consummation, whereas in an instantaneous offence, the offence takes place once and for all i.e. when the same actually takes place.
(Date of decision : 09.01.2013) Click here for complete judgment
Constitution of India — Article 21 — speedy trial — appellant entrusted with two sets of precious articles belonging to temple — charges of criminal breach of trust and misappropriation — speedy trial important component of the procedure — however it is not open to a court to prescribe the time limit for disposal of a case and direct that after termination of that period if the case does not get over, the accused should be acquitted or discharged — had the appellant not raised repeated challenges, the case would have proceeded and perhaps got over by now — prima facie conduct of the appellant appears to be bad — not inclined to give any relief to the appellant — case remanded to trial court for decision on merits — questions of facts and law expressly kept open — appeal dismissed. (Date of decision : 04.09.2012) Click here for complete judgment