In January 2002, Sanjiv visited India but did not inform Sunita about his visit. But as has been rightly contended by the petitioner many instances have come to light where the complaints are not bona fide and have been filed with oblique motive. He threatened the Complainant to 1. Even the dominion over the property is not being reflected in the statement of the witnesses as also of the complainant. It is left for the investigating agency only to seize the document or thing. I will join your company with effect from 1st August, 1995. Aggrieved by the judgment and order dated 12th September, 2012 in Criminal Misc.
The criminal trial ended in an order of acquittal of the accused. If above illustration 2 is considered in the instant case, intention of deceiving by A can not be established since both of the debit and credit transactions made between the parties has been gradual and time to time effected during a considerable long time there were several withdrawals of money by the complainants from the business either as profit or withdrawal of capital. The order that has been made by the Magistrate invoking the provisions under S. This Court further concluded that there is not even a whisper in the complaint indicating any participation of 2Appellant No. Monica came back to India on 5. C — Apex court held that We do not propose to examine the correctness of the findings recorded by the High Court in an enquiry that there was no entrustment of money. Article shared by Legal provisions regarding Punishment for Criminal Breach of Trust under section 406 of Indian Penal Code, 1860.
In para 481 at page 426, it is stated that ornaments presented to the bride by her husband or father constitute her Stridhana property. She kicked the respondent with her leg and told that her mother is a liar page 51 6. Hence, where there is no original confidence there is no trust and a misappropriation, if punishable at all, will be under Section 403. The mere fact that the payment was delayed in no ground for imputing a criminal intention on the part of the accused, when there is no particular obligation to pay it at a certain date. This Court, however, made note of the litigations filed between the parties in great detail. The ownership of beneficial interest in the property in respect of which criminal breach of trust is alleged to have been committed must be in some person other than the accused and the latter must hold it on account of some person or in some way for his benefit.
There is growing tendency to come out with inflated and exaggerated allegations, roping in each and every relation of the husband. Raja, former Telecom Minister of Govt of India, is accused of causing a loss of 1. Whether the conduct was such as to cause grave injury or danger to the mental health of the woman are all matters to be examined only after the detailed evidence is led by the prosecution. Needless to state that these submissions have been countered. M-11705 of 2013 and connected case -4- the complainant, they are also not supposed to be in possession of the dowry articles nor they can be held as beneficiary nor there are any particulars in the complaint giving specific instances of cruelty committed by them etc.
The Company issued material after receipt of pay order, vide excise gate Pass No. Accordingly, the first respondent approached the appellant. At the same time the section is not an instrument handed over to an accused to short-circuit a prosecution and bring about its sudden death. It is admitted case of the persons that the money was found missing from the vehicle. The decision was given by a bench consisting of Justices G. The Trust runs a dental college by name Rajiv Gandhi Dental College.
Nowhere a borrower and lender or buyer and seller relationship and vice versa can be established between the complainants and the accused. The High Court, in our opinion, grossly erred in quashing the proceedings against the respondents with a certificate that it is one of the rarest cases where the court is required to quash the proceedings. Thus to continue the criminal proceedings against the accused would be an abuse of the process of law. Nagpal advised them to make their matrimonial life successful. So, it extends to entrustments of all kinds- whether to clerks, servants, business partners or other persons, provided they are holding a position of trust. In case where the material is insufficient to frame a charge, the trial Court may either discharge the accused or may direct further investigation in the matter.
The High Court seems to have been swayed by the fact that the appellants have rejected claim of the complainant on 5. Prosecution need not establish the precise mode of dishonest misappropriation of conversion. In the said complaint, it was further alleged that the appellant-Company also placed Purchase Order being No. That however, immediately after the marriage, your conduct had been unbecoming of a good husband. Proof of intention, which is always a question of the guilty mind or mens rea of the person, is difficult to establish by way of direct evidence. There is no allegation that the respondents made any wilful misrepresentation. Nagar, arising out of Crime No.
Cruelty as alleged against the petitioner do not falls within the scope of either explanation a or b. Therefore, I am of the view that the reading of the F. The High Court, as indicated hereinbefore, in its order dated 6. Arun Sharma is the mother-in-law of the victim. The question of misappropriating of the same as such does not arise. In December, even as per her own showing, she had gone to Hong Kong. The complaint was stale, and in any event, beyond the prescribed period of limitation as provided in Section 468 of the Code.
I hope that you will do what is best for everyone, the ball in is your court. The money was found missing from the vehicle. The complainant averred that the pregnancy of the victim was terminated because she was forced to take a pill given by her husband; it was reiterated that her mother-in-law also used to ask her to lift heavy suitcases and climb on the kitchen slab knowing fully well that she was pregnant at that time; this had led to the termination of her pregnancy. It was found that the accused had used the title deeds to harm the transferee. Now bank sanctions loan and takes security from the client but does not disburse the loan fully not returns security. In view of this, I do not find any reason to allow the proceedings to continue.