LAWS(P&H)-1991-1-56

BALRAM SINGH Vs. SUKHWANT KAUR

Decided On January 09, 1991
BALRAM SINGH Appellant
V/S
SUKHWANT KAUR Respondents

JUDGEMENT

(1.) The short significant question for our decision is - whether the offence of criminal breach of trust punishable under Section 406 of the Indian Penal Code is a continuing offence.

(2.) While hearing Cri. Misc. No. 7923-M of 1989 J. S. Sekhon, J. noticed a conflict of views on the point. In Cri. Misc. No. 2985-M of 1989 (Renu and others v. The State of Haryana) decided by J. S. Sekhon, J. on 12/02/1990, and in Hakam Singh v. The State of Punjab 1989 (2) Recent Cr 442, decided by one of us (A. P. Chowdhry, J.), it was held that the offence under Section 406 was continuing offence. In Gurvel Singh v. Rajinder Singh, 1990 Marriage Law Journal 131, S. D. Bajaj, J., on the other hand, held that Section 496 did not amount to a continuing offence.

(3.) By order dated 3/05/1990, the learned Judge referred the aforesaid question for decision by a larger Bench. This is how the case has been heard by us.