Ingredients necessary to prove a charge under Section 409 IPC: 41. Section 409 IPC pertains to criminal breach of trust by a public servan...

We have perused the entire record and the evidence. We find that the case could have been conducted in a more proper and appropriate ma...

  In Shambhoo Nath Misra v. State of U.P. and others [1], at paragraph-5, this Court held that: "5. The question is when the publ...

On this evidence, it is obviously impossible to hold that the money ever came to be entrusted to the accused. Without proof of entrustment,...

The sum of Rs. 398/4/6 correctly realised from the cultivators by the applicant as canal d ues thus came into his hands as a trustee ...

 The only question which arises for consideration in this appeal is whether the appellant could be said to have committed criminal breach...

 The applicants are behind bars since 2.8.2013. As the record shows that most of the persons are traced, though the false record of 7/1...

At this stage, it may be useful to quote the observations of this Court in "Ambarish Rangshhi Patnigere V/s {11} Cri. Applicatio...

The   applicant   had   urged   that   his   prosecution would stand vitiated on the ground that no valid prior sanction was obtained b...

Admittedly, in this case the accused/petitioner was the power of Attorney Holder of the firm/Kirti Electricals, of which his brother is sai...

In the instant case even if it was proved as contended by learned counsel for the appellant, that money was entrusted which fact is borne o...

In the instant case, a serious dispute has been raised by the learned counsel appearing for the respective party as to whether on the face ...

 The third contention raised on behalf of the revision applicant is that the learned Chief Judicial Magistrate has ordered to frame a char...

Penal Code, 1860, Section 409 - Offence under-- Word "trust" used in Section 409-- Significance of--existence of fiduciary relat...

A charge serves the purpose of notice or intimation to the accused drawn up according to specific language of law giving clear and unambig...

Sections 233  to  239  deal with the joinder of charger, and they speak not only of an accused being charged with offences, but of such ch...

In that view of the matter, there being nothing on record to show that the three items of defalcation for which the petitioner has been cha...

The normal rule is that there should be a charge for each distinct offence, as provided in s. 233 of the Code. Section 222 men...

 At this stage we also think it proper to observe that in the present case, even if the allegations made in the complaint are taken to be...

Having considered the submissions made by learned counsel for the parties, and after considering the gravity of the offence, circumstances...