BINOD KUMAR & ORS. versus STATE OF BIHAR & ANR.

BINOD KUMAR & ORS. versus STATE OF BIHAR & ANR.

The allegations in the complaint, even taken at face value, do not attract ingredients of criminal breach of trust or cheating under Sections 405/420 IPC; mere non-payment does not amount to criminal breach of trust unless dishonest misappropriation is alleged or proved; essential ingredients of the offences are missing; hence, proceedings are to be quashed.

Parties
Appellant: Binod Kumar & Ors.; Respondent: State of Bihar & Anr.
Jurisdiction
India
Judgment Date
30 October 2014
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal allowed; criminal proceedings quashed
Legal Topics
Quashing of Criminal Proceedings, Section 482 Cr PC, Criminal Breach of Trust, Cheating, Civil and Criminal Distinction
Criminal Law Quashing of Criminal Proceedings Section 482 Cr PC Criminal Breach of Trust Cheating Civil and Criminal Distinction

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Parties

Binod Kumar & Ors.

Appellant

State of Bihar & Anr.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether the charges under Section 406 IPC and complaint for criminal breach of trust for allegedly retaining the bill amount are liable to be quashed
  2. 2 Whether ingredients of criminal breach of trust and cheating are made out against the appellants

Ratio Decidendi

The allegations in the complaint, even taken at face value, do not attract ingredients of criminal breach of trust or cheating under Sections 405/420 IPC; mere non-payment does not amount to criminal breach of trust unless dishonest misappropriation is alleged or proved; essential ingredients of the offences are missing; hence, proceedings are to be quashed.

Court Disposition

Appeal allowed; criminal proceedings quashed

Orders

  • Impugned order of the High Court set aside
  • Prosecution of the appellants under Sections 406/1208 IPC is quashed