Mere breach of contract does not attracts offence of criminal breach of trust and for offence under

Insaaf9920 Apr, 2023Legal

The Supreme Court observed that a mere dispute on monetary demand does not attract the offense of criminal breach of trust under Section 405 IPC. In this case, the complainant had alleged that ?a forged demand of Rs. 6,37,252.16p had been raised by the accused JIPL".?? in the instant case, materials on record fail to satisfy the ingredients of Section 405 of the IPC. The complaint does not directly refer to the ingredients of Section 405 of the IPC and does not state how and in what manner, on facts, the requirements are satisfied. Pre-summoning evidence is also lacking and suffers on this account. On these aspects, the summoning order is equally quiet ? A mere wrong demand or claim would not meet the conditions specified by Section 405 of the IPC in the absence of evidence to establish entrustment, dishonest misappropriation, conversion, use or disposal, which action should be in violation of any direction of law, or legal contract touching the discharge of trust. ?