SARVESH ARORA Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. against the order dated 28.02.2012 passed by IInd Additional Sessions Judge, Shivpuri in Criminal Revision No.76/2011 confirming the order dated 11.05.2011 passed in Criminal Case No.459/09 by learned Judicial Magistrate First Class, Shivpuri (Shri Deepak Choudhary) by which charges for the offence punishable under Sections 406, 323 and 294 of IPC has been framed against the petitioner.

(2.) The respondent no.2 has filed a private complaint against the petitioner/accused for criminal breach of trust with regard to vehicle purchased by complainant/respondent no.2 which is financed by the petitioner/accused by selling it to another person. It is the defence of the petitioner/accused that vehicle has been sold by respondent no.2 himself as the sale letter has been signed by him, therefore, no criminal breach of trust or any offence has been made out against him.

(3.) Learned counsel for the petitioner has drawn attention towards the evidence and submitted that the sale letter of the vehicle has been signed by the complainant himself, therefore, it shall be presumed that vehicle has been sold by complainant. Learned trial Court while passing order by which charges have been framed as deferred the consideration of evidence on merit till the disposal of the case. Learned counsel for the petitioner has submitted that dispute between complainant and accused are of civil nature, therefore, no criminal liability arises from the civil act of the petitioner while the learned counsel for the respondent no.2 has cited a judgment of the Hon'ble Apex Court in the matter of State of Punjab Vs. Pritam Chand and Others, 2009 16 SCC 769, in which it has been held that for a breach of trust with regard to paddy entrusted to the accused, a criminal case may arise out of breach of contract.