ANJANEYULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed by the petitioner who is accused in CC No. 69/88 on the file of the 7th Judicial I Class Magistrate, Vijayawada, to quash the proceedings against him The complaint has been filed by the 2nd respondent who is the brother of the accused. The allegations in the complaint are that when the petitioner was in need of money on account of his suspension from Government service he requested his brother the complainant to give him some money and therefore the complainant gave him various amounts and also gave him some gold jewellery with the understanding that they should be returned to him but the petitioner had failed to return and on account of that the complainant suffered loss of Rs. 18,000/-. The complaint is filed under Sections 406 and 420 IPC.

(2.) The learned counsel for the petitioner-accused contended that the complainant gave him the money out of love and affection and it is not intended to be refunded to the complainant and at any rate it is only a question of civil liability but no offence is committed even if the petitioner is considered to be a debtor and failed to discharge his debt.

(3.) Section 405 of the IPC reads that whoever, being in any manner entrusted with property or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such 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 to do so, commits criminal breach of trust.