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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SHAMIMA JAHAN
Jitu Dubey, S/o. Sri Gupteswar Dubey – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
SHAMIMA JAHAN, J.
1. Heard Ms. M Nirola, learned counsel for the petitioner as well as Ms. A Begum, learned Additional Public Prosecutor appearing for the State respondent.
2. This is a revision petition filed under Section 401 read with Section 397 of the Cr.PC by which the petitioner has challenged the judgment and order dated 14.02.2011 passed by the learned Additional Sessions Judge (FTC) No. 1, Tinsukia in Criminal Appeal No. 33(4)/2009 affirming the judgment and order dated 26.10.2009 passed by the learned Chief Judicial Magistrate, Tinsukia in GR Case No. 123/2007. The petitioner has also challenged the said judgment and order passed by the learned Chief Judicial Magistrate by which the learned Court convicted the petitioner under Section 408 of the IPC and sentenced him to undergo rigorous imprisonment for 1 (one) years with fine and default stipulation.
FACTS
3. An FIR was lodged by the informant stating inter alia that he is the authorised distributor of Igo Marketing (Colour TV, DVD etc) and that his employee, i.e., the petitioner had collected orders and received money from the dealers. It is alleged that the said employee stopped coming to the office since 25.12
Entrustment of property under employment constitutes criminal breach of trust; conviction under Section 408 upheld despite claims of FIR delay and improper examination.
The Court upheld the conviction and sentence for criminal misappropriation under Section 408 of IPC, emphasizing the importance of entrustment and the duty of an employee to work with devotion when f....
The main legal point established is that once entrustment is proved, it is for the defense to account for the same, and in case of failure to do so, it must be held as a case of misappropriation.
The prosecution must prove entrustment and dishonest intent in offenses under sections 409 and 468 IPC, failure of which leads to acquittal.
Insufficient evidence of dishonest intent or misappropriation negates criminal charges under Sections 406 and 420 IPC, emphasizing the necessity of proving criminal intent in such transactions.
The court affirmed the distinction between criminal breach of trust and cheating, emphasizing that both offenses cannot coexist under the same facts while confirming the accused's conviction for forg....
Even if any case has been filed by the complainant/informant before the consumer forum and the same has been dismissed on the ground of alternate remedy, the same could not clothe this case as a civi....
The court confirmed that a fiduciary relationship can give rise to criminal liability under IPC sections for failure to remit entrusted funds, emphasizing that both civil and criminal remedies may be....
The court ruled that prima facie evidence supports the allegations against the petitioner, affirming that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and not for merit as....
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