DIPAK KUMAR JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure is for quashing the order taking cognizance under sections 406 and 409 of the Indian Penal Code.

(2.) THE case of the complainant is that the petitioner took certain cloths on a condition that he would dispose of the same in the market and deposit the sale proceeds with the complainant. It was also agreed, in case cloths are not sold, the petitioner would return such unsold cloths to the firm of the complainant within one year from the date of receipt.

(3.) THE allegation is, though petitioner received cloths worth Rs. 14,763.32, but in spite of repeated demands only deposited a sum of Rs. 8,742.07 till 26.8.1987. In that view of the matter it was alleged that the petitioner had committed a criminal breach of trust with regard to cloths which were handed over to him.