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Ingrains of Section 420 And 406 not attracted

The other offenses under Section 406 of the IPC relate to criminal breach of trust. Criminal breach of trust is defined in Section 403 of the IPC. To constitute the offense of criminal breach of trust, the necessary ingredients are:
  • Entrustment of property or domination over property.
  • Such entrustment must be with trust.
  • Dishonest misappropriation or conversion to one's own use by the receiver of the property.
  • Violation of the law prescribing the modes in which the trust is to be executed, or violation of a legal contract concerning the discharge of trust.

As seen from the averments of the charge sheet, none of these ingredients have been made out. It is indeed true that the accused was entrusted with the raw material, but it was not on account of trust or safe custody; rather, it was only in pursuance of an agreement between the parties for finished public goods.

The criminal proceedings initiated against the petitioner accused must be quashed. The de facto complainant was at liberty to take steps on the civil side if so advised.

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