...Coimbatore Airport, Coimbatore is against the terms of the hypothecation deeds dated 1-5-1997 and 20-9-1997 and will amount to theft, criminal breach of trust, and cheating which are offences...criminal breach of trust. It was alleged that a floating charge was created by the accused debtor on the goods by way of security under a deed of hypothecation, in favour of a bank to cov...up credit facility. In our view, in such case for disposing of the goods covering the security against credit facility the offence of criminal breach of trust is not committed.”...

..., a) Accepting the allegations as made in the petition of complaint along with those made in the initial depositions in their entirely and the same to be true, no case of criminal breach of ...the above decision of the Apex Court, no offence of criminal breach of trust is committed in a case where a person after obtaining the credit facilities by hypothecation of goods, by way ...by the debtor does not amount to an offence of criminal breach of trust and at best bank will be entitled to take civil action for damages against the debtor for a breach of contract. c) Besides t...

...the initial stage because instead of getting the vehicle registered in the name of complainant with endorsement of hypothecation, he got it registered in his name. The breach of trust is ...prima-facie amounts to cheating, fraud and breach of trust. None of the cases help the applicant in any manner. In view of the aforesaid, no case for interference is made out and accordingly the...further alleged that he paid Rs.1.40,000/- to the applicant but when he was delivered the vehicle along with registration papers, it transpired that instead of hire purchase agreement or hypothecation...

...trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “Criminal breach ...5. The relevant provisions of I.P.C reads as under:405: Criminal Breach of trust:Whoever, being in any manner entrusted with property, or with any dominion over...taking possession. The case is not one for removal of obstruction but the case is registered under Section 403, 405, 420, I.P.C i.e criminal breach of trust and cheating. What...

...591]. It related to a complaint against the accused for offences of criminal breach of trust. It was alleged that a floating charge was created by the accused debtor on the goods by way of security under a...for disposing of the goods covering the security against credit facility the offence of criminal breach of trust is not committed.”(emphasis supplied)5. Suffice it to highli...Supreme Court noted the definition of criminal breach of trust as per Section 405 of the Penal Code. Paras 23 to 26 ...

...relates to the punishment provided for criminal breach of trust which is explained in Section 405 IPC. He submitted that before there can be criminal breach of trust, there must be entrustment. He...clearly indicated that there is no entrustment in an hypothecation and that, therefore, no case of criminal breach of trust in such an agreement Could be made out. It was, therefore, contended by Mr...is no question of entrustment and, therefore, there would be no question of criminal breach of trust. Consequently, no offence punishable under...

...in Sardar Singh's case (supra) are entirely different as compared with the facts of the case in hand, in which the Bank Manager is said to have committed criminal breach of trust in respect of valuable tit...according to the allegations made against the petitioner, no offence either concerning commission of criminal breach of trust, or under Section 182 of Indian Penal Code, has...further material to connect the accused with the commission, of criminal breach of trust, would make out a prima facie case against the petitioner under Section 409 of the Indian...

...committing the offence of criminal breach of trust; having undisputedly being entrusted with the property under hypothecation with the 4...the complainant bank and thus has committed criminal breach of trust. 4. After investigation, police found the allegations to be true and submitted charge sheet. Vide... 1 articles purchased by using the loan amount in hypothecation with the complainant Bank and the sale proceeds of the hypothecated property...

.... 4. Learned counsel contends that intention of the petitioners was never to cheat the bank or to commit any breach of trust and it is a simple case of non-payment ...against hypothecation of goods and subsequently, disposed of the hypothecated goods. It was held that in case of hypothecation, the ownership of the goods still remains with the person, who hypoth...entrustment is a hypothecation. It was held as under: "17. We will next consider whether the allegations in the complaint make out a case of criminal breach of trust under...

.... 4. Learned counsel contends that intention of the petitioners was never to cheat the bank or to commit any breach of trust and it is a simple case of non-payment ...against hypothecation of goods and subsequently, disposed of the hypothecated goods. It was held that in case of hypothecation, the ownership of the goods still remains with the person, who hypoth...entrustment is a hypothecation. It was held as under: "17. We will next consider whether the allegations in the complaint make out a case of criminal breach of trust under...

..., Germany Make circular Knitting Machines, at a cost of Rs.109.56 Lakhs under the scheme of hypothecation and the said machines were installed at Shed No.92. Whileso, the A1 had committed criminal breach ... Crl.O.P.No.9443 of 2016 and Crl.M.P.Nos.4886 & 4887 of 2016 IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON...: 17.06.2022 PRONOUNCED ON : 23.06.2022 CORAM: THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.O.P.No.9443 of 2016...

...who is said to have committed breach of trust." Neither any one of the two explanations provided to Section 405 nor any one of the six illustrations provided thereunder m...of the hirer under the hire purchase of agreement will be an entrustment of the property and any misappropriation or conversion of the same may amount to criminal breach of trust. On the ...in respect of which criminal breach of trust is alleged to have been committed, must be in some person other than the accused and the latter must hold it on account of some person or in some way for his be...

...entrustment of property or entrustment of dominion over the property to the person who is said to have committed breach of trust.”Neither any one of the two explanations provided t...may amount to Criminal breach of trust. On the other hand, a hypothecation of a movable is equvalent to mortgage of an immovable property without possession. The hypothecator does not part with ei...breach of trust is alleged to have been committed, must be in some person other than the Accused and the latter must hold it on account of some person or in some way for his benefit.”The Hon'ble Sup...

...is that, with an intention to cheat the defacto complainant and to commit breach of trust, he purchased a Bharat Benz Tipper Lorry bearing Reg. No.KL-63E- 2102 from the defacto complainant which was having a ... IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.... WEDNESDAY,THE 16TH DAY OF NOVEMBER 2022/25TH KARTHIKA, 1944 CRL.MC NO. 5011 OF 2022 AGAINST THE ORDER/JUDGMENTCRMC 1521...

...the said vehicle to a third party is totally violation of terms and conditions of the hypothecation agreement and a breach of trust upon the bank. Not only that, the petitioner also threatened the...vehicle to third party is tantamount to commit breach of trust and, furthermore, he criminally intimidated the bank executive, thereby, the petitioner had committed offence under Sections 406/420/506 of...filed under Section 138 of the NI Act was for discharge of antecedent liability and debts. Whereas, subsequently complaint was relating to criminal breach of trust, cheating and thereby dishonestly...

...a person to another person, the ownership of the goods sun remains with the person who has hypothecated such goods. The property in respect of which criminal breach of trust can be committed must necessari...the offence of criminal breach of trust is not committedtt. (29) In the light of the above observation, if we look at the accusation levelled against the petitioners, it can be safely con...to criminal breach of trust and also violating the terms of the agreements as well as the order of the high court. In reply to this the petitioners company sent letters stating that the engines of...

....4. Mrs. Badani Verma, learned counsel for the petitioners submits that no offence under sections 403, 406 and 420 of the IPC are made out. She submits that in case of hypothecation ownership of mova...Ltd reported in (2006) 6 SCC 736 has held that in a case of hypothecation of movable property ownership and possession of property remain wit...offence of criminal breach of trust. As noticed above, in this case, petitioners (the company) held hhyothecated articles as exclusive property of BSFC. There is clear stipulation in the ...

...the complainant for violation of hypothecation agreement, failure in repayment of loan installments and breach of trust. The complainant has falsely implicated this Respondent in this case. The ve...himself approached this Respondent for loan by hypothecation of his lorry No. KA-36/2234 and has executed hypothecation forms and undertaken to repay the loan without fail as per Hypothecation Agreement...violation of all the conditions stipulated in the hypothecation agreement. The complainant is due for a sum of Rs. 3,85,080/- plus over-due interest. All these fact shows negligence and deficiency of...

...the agreed terms and conditions of hypothecation deeds, the alleged irregularities and breach of trust which is said to have jeopardised the debts and securities of the Bank have been enumerated i...had deliberately and intentionally violated the terms of pledge and hypothecation from time to time and unauthorisedly, stealthily and illegally removed, sold/or transferred the pledged and...commitments. It was further stated that with mala fide intention and ulterior motive, the Company had created second charge by way of hypothecation in favour of Shri S. S. Sahni, Managing Director...

...disposing of the goods covering the security against credit facility the offence of criminal breach of trust is not committed.”12. As I have already pointed out above the F.I.R does not sho...in favour of the Corporation, he removed the same and thereby he committed the offence of criminal breach of trust. The further case of the prosecution is that a sum of Rs. 5,85,000/- by ...executed by him with the Corporation which has caused damage and loss to the Corporation. Hence it was contended that opposite party no. 2 had made himself liable for the offence of criminal breach of trust...