Ghanshyam v. State of Rajasthan, (2014) 2 SCC 683
Criminal breach of trust - Ingredients of - Principles laid down for determining prerequisites of offence
under, summed up - Entrustment and failure to account for property, held, should be construed in two distinct parts: (i)
creation of an obligation in relation to property over which dominion or control is acquired by accused, and (ii) a
misappropriation or dealing with property dishonestly and contrary to terms of obligation created,
Criminal Procedure Code, 1973
S. 482 - Protest petition - Restoration of complaint - Remand to trial court for reconsideration of complaint case on
merits by High Court - If proper - High Court exercising inherent jurisdiction set aside findings of courts below and
allowed protest petition of complainant finding that statement recorded by Magistrate clearly revealed that complainant
had handed over 3 gold chains to appellant-accused at time of purchase of cloth by appellant from complainant's shop
but the same had not been returned - Held, prima facie case of criminal breach of trust is clearly made out against
appellant-accused - Trial court erred in observing that no entry could have been made by complainant in his record book
simultaneously when clothes were purchased by appellant-accused from complainant's shop and erred in proceeding on
presumptions when evidence available on record proved otherwise and there was an admission by accused - In such
cases, burden was on accused to have rebutted allegation against him - High Court correctly held that decision reached
by trial court is not sustainable in law and is liable to be quashed and correctly restored the complaint case,
Penal Code, 1860
Ss. 405 to 409 - Criminal breach of trust - Ingredients of - Principles laid down for determining prerequisites of offence
under, summed up - Entrustment and failure to account for property, held, should be construed in two distinct parts: (i)
creation of an obligation in relation to property over which dominion or control is acquired by accused, and (ii) a
misappropriation or dealing with property dishonestly and contrary to terms of obligation created,
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Criminal breach of trust - Ingredients of - Principles laid down for determining prerequisites of offence
under, summed up - Entrustment and failure to account for property, held, should be construed in two distinct parts: (i)
creation of an obligation in relation to property over which dominion or control is acquired by accused, and (ii) a
misappropriation or dealing with property dishonestly and contrary to terms of obligation created,
Criminal Procedure Code, 1973
S. 482 - Protest petition - Restoration of complaint - Remand to trial court for reconsideration of complaint case on
merits by High Court - If proper - High Court exercising inherent jurisdiction set aside findings of courts below and
allowed protest petition of complainant finding that statement recorded by Magistrate clearly revealed that complainant
had handed over 3 gold chains to appellant-accused at time of purchase of cloth by appellant from complainant's shop
but the same had not been returned - Held, prima facie case of criminal breach of trust is clearly made out against
appellant-accused - Trial court erred in observing that no entry could have been made by complainant in his record book
simultaneously when clothes were purchased by appellant-accused from complainant's shop and erred in proceeding on
presumptions when evidence available on record proved otherwise and there was an admission by accused - In such
cases, burden was on accused to have rebutted allegation against him - High Court correctly held that decision reached
by trial court is not sustainable in law and is liable to be quashed and correctly restored the complaint case,
Penal Code, 1860
Ss. 405 to 409 - Criminal breach of trust - Ingredients of - Principles laid down for determining prerequisites of offence
under, summed up - Entrustment and failure to account for property, held, should be construed in two distinct parts: (i)
creation of an obligation in relation to property over which dominion or control is acquired by accused, and (ii) a
misappropriation or dealing with property dishonestly and contrary to terms of obligation created,
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