KAILASH KUMAR SANWATIA versus STATE OF BIHAR AND ANR.

KAILASH KUMAR SANWATIA versus STATE OF BIHAR AND ANR.

Even if entrustment of money is proved, conviction under Section 409 IPC is not sustainable unless dishonest misappropriation, conversion, use or disposal of property is established. Theft of property by a third party or incapacity to perform the entrusted job due to a fortuitous or intervening situation does not satisfy the ingredients of criminal breach of trust.

Parties
Appellant: Kailash Kumar Sanwatia; Respondent: State of Bihar; Respondent No. 2: Gautam Bose
Jurisdiction
India
Judgment Date
02 September 2003
Procedural Posture
Criminal Appeal / Appeal From Patna High Court Judgment Dated 19.3.96 in Crl. R. No. 20 of 1988
Outcome
Appeal dismissed; acquittal of accused persons upheld.
Legal Topics
Criminal Breach of Trust, Entrustment of Property, Bank Fraud/theft
Criminal Law Criminal Breach of Trust Entrustment of Property Bank Fraud/theft

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Kailash Kumar Sanwatia

Appellant

State of Bihar

Respondent

Gautam Bose

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal From Patna High Court Judgment Dated 19.3.96 in Crl. R. No. 20 of 1988

Legal Issues

  1. 1 Whether ingredients of criminal breach of trust under Section 409 IPC are satisfied where entrusted money is stolen
  2. 2 Whether manner of entrustment affects liability under Section 409 IPC

Ratio Decidendi

Even if entrustment of money is proved, conviction under Section 409 IPC is not sustainable unless dishonest misappropriation, conversion, use or disposal of property is established. Theft of property by a third party or incapacity to perform the entrusted job due to a fortuitous or intervening situation does not satisfy the ingredients of criminal breach of trust.

Court Disposition

Appeal dismissed; acquittal of accused persons upheld.

Orders

  • Accused persons cannot be convicted under Section 409 IPC.
  • Appellant may pursue other remedies for recovery of money from bank.