Delhi HC: Mere Non-Return of Stridhan Insufficient for Section 406 IPC Without Specific Entrustment
In Harcharanjeet Bains v. State (NCT of Delhi), the Delhi High Court partly quashed criminal proceedings arising from a matrimonial dispute. The
Criminal breach of trust
Calcutta High Court quashes criminal proceedings against advocate over clients’ property transfer dispute
The Court noted that that the continuation of the criminal proceedings was unwarranted and amounted to an abuse of the process of law, having regard to the civil and proprietary nature of the dispute.
Loan dispute settled before DRT is ‘predominantly civil’; Calcutta HC quashes cheating and breach of trust case against borrowers
The Calcutta High Court found the complaint lacked essential ingredients, the summons were mechanical, and the complainant was a stranger to the loan.
Mere non-return of Stridhan insufficient for S. 406 IPC without specific entrustment or dominion; Delhi HC quashes S. 406 proceedings, allows S. 498A case to continue
Delhi High Court partly quashed criminal proceedings arising from a matrimonial dispute, holding that the allegations under Section 498A IPC disclosed a prima facie case of cruelty, while the prosecution under Section 406 IPC could not be sustained for want of entrustment.
Bombay High Court Denies Anticipatory Bail for Breach of Undertaking to Compensate Wife for Stridhan
The applicant-husband first agreed in Court to compensate the complainant-wife for the stridhan, but backed out later
Criminal Breach of trust and cheating cannot stand together simultaneously at cognizance stage: Orissa High Court sets aside cognizance order
“The petitioner submitted that the court below could not have taken cognizance of both offences simultaneously.”
‘Liberty granted through bail remains illusory as he is still languishing in jail’; Kerala HC permits consolidated bail bonds for accused in CSR Funds Scam
“The liberty granted to the accused through bail orders remained illusory as he continued to languish in jail, and the separate bail bonds liable to be executed by the sureties required them to travel to various Magistrate Courts all over the State.”
‘One of the worse and most erroneous order’: Supreme Court sets aside Allahabad High Court’s order; remands matter for fresh consideration
“At times we are left wondering whether such orders are passed on some extraneous considerations or it is sheer ignorance of law. Whatever it be, passing of such absurd and erroneous orders is something unpardonable.”
Without any chargesheet pertaining to past unlawful activity, S. 111 BNS can’t be invoked: J&K and Ladakh HC denies bail in Rs 53 Crore cyber fraud case
The bail was opposed on the ground that the petitioners were involved in a grave financial offence and the investigation was still in progress to unearth the magnitude of fraud and granting bail to them would hamper the investigation as some of the associates were still at large.
‘Conviction under S 498-A IPC would be unjustified if cruelty is not proven’; Kerala High Court acquits all accused
“In cases of domestic violence, it is not prudent to look for independent corroboration for the evidence of a victim, particularly when the incidents of domestic violence including ill-treatments and harassments often occur within the confines of a house.”
Read why Telangana HC stayed Karnataka MLA G. Janardhan Reddy’s conviction and granted bail in illegal mining case
This Court has the power to suspend the sentence and conviction and grant bail to the petitioner after recording reasons and this Court, being the appellate court, has to consider irreversible consequences.
Gujarat High Court refuses to quash FIR against Sadhvi accused of duping man of Rs 1.25 crores
“The incomplete and hazy facts coming from the record indicates that further investigation is required in the matter.”
‘Mere breach of a promise cannot give rise to criminal prosecution’; Gauhati HC quashes criminal proceedings against doctor accused of cheating man of Rs 2 Lakhs
“The act of breach of trust involves a civil wrong, in which an aggrieved person may seek redressal for damages in Civil Court, but a breach of trust with mens rea gives rise to criminal prosecution.”
‘Investigation cannot linger for years’; Bombay HC rebukes Mumbai Police for four-year-long delay in filing charge sheet in fraud case involving 600 investors
“Investigation cannot be permitted to linger on for years, keeping the investors in the lurch, not knowing what is the outcome of the case.”
Gujarat Court grants anticipatory bail to Journalist Mahesh Langa in cheating case
Mahesh Langa is a senior journalist who is working for The Hindu as the Joint Editor. He is currently embroiled in controversy regarding an alleged GST fraud case.
Investigation should not be thwarted by quashing FIR alleging dishonest conduct of an accused: Supreme Court
The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.
Position of law vis-a-vis woman being the sole owner of ‘Stridhan’ is consistent and unequivocal: Supreme Court
The Court found that insofar as Section 406, IPC was concerned, no cognizable offence was visible on the face of the record. Furthermore, charges under S. 6 of Dowry Prohibition Act were not made out either, against the appellants
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‘Sad that even after years, Courts do not understand the fine distinction’; SC breakdowns key differences & ingredients of criminal breach of trust and cheating
“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”
Withholding a portion of salary/emoluments by an employer does not amount to cheating or criminal breach of trust: Bombay High Court
A same act may not amount to cheating and criminal breach of trust at the same time as for cheating, dishonest intention must exist at the inception of the transaction, whereas, for criminal breach of trust, there must exist a relationship between the parties, whereby one party entrusts another with the property as per law, albeit dishonest intention comes later.
Prior sanction for prosecuting a public servant can be taken even at the time of conclusion of trial; Gujarat HC rejects bail of retired IAS officer
“In the recent times, there was an increase in socio economic offences in the country. These are the offences which are solely committed for personal gains. These crimes are affecting every part of the country’s economic structure and wrecking the people’s faith in the system.”