Can Section 409 IPC Be Applied Against a Shop Servant or Agent Who Sold Goods?

2024 Supreme(Online)(AP) 9541

under Section 409 IPC. ... In other words, in order to sustain conviction under Section 409 IPC, two ingredients are to be proved, namely, i) the accused, a public servant or a banker or agent was entrusted with the property of which he is duty bound to account for; and p class="para" left_margin="108.02" pos_bottom="677.1515099999999 ... IPC. ... In order to convict th....

2025 Supreme(Online)(TEL) 4848

Section 409 of IPC reads as follows: Criminal breach of trust by public servant, or by banker, merchant or agent Section 409 of IPC lays down criminal charges on public officers, bankers, merchants, factors, brokers, attorneys, and agents who, while in possession of ... Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public #....

2024 Supreme(Online)(MP) 24604

The petitioner was not a Government Servant. He never worked as an agent in the said grocery shop. The petitioner was not the owner of the aforesaid shop. Prosecution has filed mutual agreement between the complainant and the petitioner alongwith the chargesheet. ... No.236/2023, thereby rejecting an application filed by the petitioner under Section 227 of the Cr.P.C. and framing charges under Section 409....

2023 Supreme(Online)(AP) 20319

There are no specific allegations about cheating and dishonest inducement, so as to attract Section 420 of I.P.C or criminal breach of trust under Section 409 of I.P.C and the petitioners herein are not the public servants, to attract Section 409 of I.P.C. ... Accordingly, the Criminal Petition is allowed in part by quashing Sections 409, 420 of I.P.C and by retaining t....

Bombay

Large chunk of goods misappropriated by accused no. 1-Abhijeet Kharate was transported to adat shop of applicant and it was sold in the black market. ... Osmanabad for offences punishable under Sections 3, 403, 409, 420, 468, 470, 471 r/w 34 of the Indian Penal Code and consequential criminal proceeding in RCC No. 167/2017 pending before Judicial Magistrate First Class, Kalamb. 2. ... As such, he has committed offence unde....

In  my opinion, the facts established do not prove beyond reasonable doubt that Abdul Cader was acting as the servant or agent of the appellant at the time he sold this cloth. ... What evidence is there that at the time of this sale by the 2nd accused, he was acting as the servant of agent of the absent appellant? ... There is no reason to doubt that the 2nd accused Abdul Cader who was in the #HL....

Bombay

He would submit that applicant purchased goods worth Rs.17,21,034/- from accused no. 1 and sold to accused no. 6-Amol Deshmukh. The receipts of such transactions are seized from shop of accused no. 6. ... Osmanabad for offences punishable under Sections 3, 403, 409, 420, 468, 470, 471 r/w 34 of the Indian Penal Code and consequential criminal proceeding in RCC No. 167/2017 pending before Judicial Magistrate First Class, Ka....

Silva's shop. He says " it is clear from the letter that Munasinghe intended the rubber to be sold by the accused to anyone at Ambalangoda who paid the best price for the rubber ". ... A servant or carrier to whom rubber had been entrusted for conveyance to a shop cannot be said to " take delivery of rubber for sale" within the meaning of section 3 of the Rubber Thefts Ordinance. APPEAL from a conviction by the Poli....

Gauhati

Considering that the definition of section 409 of IPC enumerates an agent within the definition of the said section. ... Under such facts there cannot be a prima facie conclusion of offence under section 409 of IPC. ... In the event, the investigation fails to establish charge under section 409 of IPC, investigation beyond 60 days would be illegal detention and the accu....

2025 Supreme(Online)(KER) 2995

In other words, in order to sustain conviction under S.409 IPC, two ingredients are to be proved: namely, i) the accused, a public servant or a banker or agent was entrusted with the property of which he is duty bound to account for; and ii) the accused has committed criminal breach of trust. ... In order to sustain a conviction under section 409 of the Indian Penal Code, 1860, two ingre....

2022 0 Supreme(Gau) 1115

It may be seen that in the criminal case, the petitioner was charged under Section 409 IPC. The punishment prescribed is imprisonment for life or with imprisonment for a term which may extend to 10 years with fine. Section 409 IPC pertains to criminal breach of trust by public servant or by banker, merchant or agent. Criminal breach of trust is define under Section 405 IPC and it provides that whoever being in any manner entrusted with property or with any dominion over prope....

2017 0 Supreme(Ori) 101

Section 409 IPC deals with criminal breach of trust by public servant, or by banker, merchant or agent. In order to sustain conviction under Section 409, two ingredients are to be proved. In order to bring in application of said provision, entrustment has to be proved.

2016 0 Supreme(Mad) 3008

It is necessary to look into the ingredients to be made available in the complaint, in order to make out the offence under Sections 409, 468, 420 and 120(b) IPC. 2. Section 468 IPC (Forgery for purpose of cheating) 3. Section 420 IPC (Cheating and dishonestly inducing delivery of property) 1. Section 409 IPC (Criminal breach of trust by public servant, or by banker, merchant or agent);

2012 0 Supreme(Mad) 1167

The essential ingredients to constitute an offence of criminal breach of trust are: Section 409 I.P.C., deals with criminal breach of trust by public servant, or by banker, merchant or agent. With regard to the offence under Section 409 I.P.C., it comes under the caption of criminal breach of trust under Chapter XVII under the caption of offences against property. (i) That the accused was entrusted property in any manner; or That such property was in his dominion in his capac....

2010 0 Supreme(Mad) 1243

Section 409 IPC deals with "Criminal breach of trust by public servant, or by banker, merchant or agent". As per the evidence of P.W.3 Gopalakrishnan, Accountant in the Office of the Forest Crash Plantation, as per the Rules, after receipt of the estimate from P.W.1 Principal Chief Conservator of Forests, they have sanctioned the amount and as per the Forest Code, they have to issue the cheques stage by stage after verifying the work executed by them. "Section 409 IPC: Crimin....