JINENDRA KUMAR BARJATYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) WITH the help of this application, made under Section 482 CrPC, the petitioner, who is accused No. 2 in complaint case, bearing number CR Case No. 887C/2009, pending in the Court of learned Chief Judicial Magistrate, Kamrup, Guwahati, has sought for quashing of the complaint, as a whole.

(2.) BEFORE I come to the complaint, it may be pointed out that, having examined the complainant and two of his witnesses, the learned Chief Judicial Magistrate, Kamrup, passed an order, on 20.06.2009, to the effect that the complaint, the documents enclosed therewith, the statements of the complainant and his witnesses disclose ingredients of offences, under Sections 120B/420/406/34 IPC, and, accordingly directed issuance of processes not only against the accused-petitioner but also against other persons named as accused in the complaint.

(3.) A bare reading of Section 405 IPC shows that the accused is either entrusted with a property or acquires dominion over the property and he misappropriates the same dishonestly or converts the same for his own use or dishonestly uses or disposes of that property. In criminal breach of trust, thus, the person comes into possession of a property honestly, but he develops dishonest intention subsequent to his acquiring dominion over the property by way of entrustment or otherwise.