NARENDRA PRATAP NARAIN SINGH AND ANR. versus STATE OF U.P

NARENDRA PRATAP NARAIN SINGH AND ANR. versus STATE OF U.P

Both appellants cannot be held criminally liable under Section 409 IPC for following established credit sale practices in place despite government circulars; the prosecution did not prove dishonest misappropriation or conspiracy; convictions for forgery under Sections 467 and 471 were not sustained, and the High...

Source-derived case information.

Parties
Appellant: Narendra Pratap Narain Singh; Appellant: Puran Singh; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
03 April 1991
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
Appeals allowed; convictions and sentences set aside; appellants acquitted.
Legal Topics
Criminal Breach of Trust, Misappropriation, Government Service, Established Practice, Credit Sales, Concurrent Findings
Criminal Law Public Service Law Criminal Breach of Trust Misappropriation Government Service Established Practice Credit Sales Concurrent Findings

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Parties

Narendra Pratap Narain Singh

Appellant

Puran Singh

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether following established practice of credit sales contrary to government instructions constitutes criminal breach of trust under Section 409 IPC
  2. 2 Whether there was misappropriation or forgery under IPC sections 467 and 471
  3. 3 Whether both appellants can be jointly charged for criminal breach of trust based on alleged conspiracy

Ratio Decidendi

Both appellants cannot be held criminally liable under Section 409 IPC for following established credit sale practices in place despite government circulars; the prosecution did not prove dishonest misappropriation or conspiracy; convictions for forgery under Sections 467 and 471 were not sustained, and the High Court's judgment lacked proper discussion of facts and law.

Court Disposition

Appeals allowed; convictions and sentences set aside; appellants acquitted.

Orders

  • Convictions and sentences under Section 409 IPC set aside.
  • Appellants acquitted.