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1991 Supreme(P&H) 317

H.S.RAI, A.P.CHOWDHRI
Balram Singh – Appellant
Versus
Sukhwant Kaur – Respondent


Judgment

A.P.Chowdhri, J.

1. The short significant question for our decision is -whether the offence of criminal breach of trust punishable under Section 406 of the Indian Penal Code is a continuing offence.

2. While bearing Crl. Misc. No. 7923-M of 1989 Jai Singh Sekhon, J. noticed a conflict of views on the point. In Crl. Misc. No. 2985-M of 1989, 1990(1) Recent Criminal Reports 612, Renu and others v. The State of Haryana and another, decided by J. S. Sekhon, J. on February 12, 1990, and in Hakam Singh and others v. The State of Punjab and another, 1989(2) Recent CR 442, decided by one of us (A.P. Chowdhri, J), it was held that the offence under section 406 was a continuing offence.

In Gurvel Singh v. Rajinder Singh, 1990 Marriage Law Journal 131, S.D. Bajaj, J. on the other hand, held that section 406 did not amount to a continuing offence.

3. By order dated May 3, 1990, the learned Judge referred the aforesaid question for decision by a larger Bench. This is how the case has been heard by us.

4. Chapter XXXVI (Sections 467 to 473) relating to limitation for taking cognizance of certain offences was added in the Cod-of Cr. P. 1973, for the first time. Section 467 relates to defi


























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