However, the question of maintaining accounts a matter among the parties with mutual understanding. Nowhere a borrower and lender or buyer and seller relationship and vice versa can be established between the complainants and the accused. It not only covers the relationship of a trustee and beneficiary between the complainant and the accused, like master and servant, guardian and ward, and the pledgor and pledge. But now the party concerned is ready to speak in my favour that it is not forged but she has signed and the bank has forcibly taken a written complaint from her. Criminal breach of trust by clerk or servant. When questioned, the accused gave a false explanation that the goods had been cleared, but later stated that he had removed the goods to another railway siding, but the goods were not there.
A public servant committing criminal breach of trust does not normally act in his capacity of a public servant and, therefore, sanction of the government for his prosecution is not necessary. While section 381 punishes theft by a clerk or servant this section punishes criminal breach of trust on his part. Ingredients : To invoke Section 405 of the Indian Penal Code, 1860 following ingredients are to be satisfied : 2 Punishment for criminal breach of trust : Section 406 of the Indian Penal Code prescribes the punishment for criminal breach of trust it says that, whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. He shared his userid and password to the Manager operations to scan the customer specimen signature. I shall be able to share my view only if I know detailed about your problem. I applied for Anticipatory Bail but the session court rejected it stating that repayment of amount means admitting guilt.
. Your answers will certainely appreciated. Where the accused was likely to lose his job and had already undergone imprisonment for six and a half months out of the two years he was sentenced to, it was appropriate to reduce his sentence to that already undergone and a fine of one thousand rupees. Since the complainants has admitted to be the profit sharers in the business so reasonably a profit sharer is one either an owner or a partner or a share holder in a business so naturally any financial risk or gain of that business in question is a subject of distribution among the owners or partners or share holders in question. Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. The fact of withdrawal of money, either as profit or withdrawal of investment, has been stated in the complaint made before the Madhyamgram I. Where the manager of a bank permitted money to be withdrawn against false drafts signed by him, he is guilty of committing criminal breach of trust under section 409.
Criminal breach of trust by public servant, or by banker, merchant or agent. However, a portion of the cement purchased was diverted to a godown. To probe into the allotment scam and institute criminal proceedings for committing breach of trust against Captain Satish Sharma for abuse of office during his tenure as minister. He is elected by the people and is elevated to a position where he holds a trust on behalf of the people. It would be a prudent for the I. Persons working in a bank are not bankers.
Subsequently the Internal Enquiry took place and I was dismissed on June 2013. Prosecution need not establish the precise mode of dishonest misappropriation of conversion. The public may not aware of the technical limitations of the powers of the public servants, under some internal rules of the department or office concerned. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato. A mere failure to repay the loan would not constitute a criminal breach of trust. In the case of Mohanlal Mulchand v Mehta Kanaiyalal Pranshanker, certain title deeds were entrusted to the accused for the purpose of making enquiries about some land. The accused took the bundle and later returned it.
Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits breach of trust in respect of that property, shall be punished with 1 imprisonment for life , or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The provisions of the special Act regard to the arrest of the persons and the production of the arrestee does not clearly serve the purpose of Section. Ram Manohar Lohiya National Law University Introduction Section 405. In Shivnatrayan vs State of Maharashtra, it was held that a director of a company was in the position of a trustee and being a trustee of the assets, which has come into his hand, he had dominion and control over the same. A has committed criminal breach of trust. Mere transaction of sale cannot amount to an entrustment; entrustment means that the person handing over any property, or on whose behalf that property is handed over to another, must have confidence in the person, taking the property, so as to create a fiduciary relationship between them.
So, in this case it was held that the accused was guilty of the offence under sec 409. A has committed criminal breach of trust. A dishonestly disobeys the directions and employs the money in his own business. Ashraf what you are asking is a proper legal advice. Dishonesty is as defined in sec. The offence under section 408 is cognizable, non-bailable and compoundable when the value of the property does not exceed two hundred and fifty rupees and permission is given by the court trying the case, and is triable by magistrate of the first class. Granting of bail will depend upon the ingredients present in the case status and any improperness in process followed in investigating the entire matter ie un- necessary delay or otherwise.
Breach of such confidence leading to the commission of criminal breach of trust has, therefore, been very severely punished under this section. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z's direction. They have also filed a bail plea which is also rejected by the magistrate. This website is meant only for providing free legal information to its visitors, without any warranty. Neena Jain one person was given power of attorney to sell two plots, who also happened to be a director of a pvt.
Section 319 empowers the Court to proceed against other persons appearing to be guilty of offence. The acts of criminal breach of trust done by strangers is treated less harshly than acts of criminal breach of trust on part of the persons who enjoy special trust and also in a position to be privy to a lot of information or authority or on account of the status enjoyed by them, say as in the case of a public servant. Could the witness be arrested while deposing if we prove he is guilty or he commited the crime or he telling lies or he not producing court admissable proof or he simply abscond and declared untraceable. It connotes that the accused holds the property for, and on behalf of another. No particulars or well-founded grounds exist in the report for my arrest. A dishonestly appropriates the money. Then my friend surrendered before the trial court and trial court rejected his regular bail.