SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS, WEST vs BIRENDRA CHANDRA CHAKRAVARTY

The Supreme Court upheld the High Court's decision that the dispute regarding the properties was of a civil nature and not criminal, as the respondent, acting as a trustee and agent, had a long-standing relationship with the complainant's family. The Court noted that the question of criminal breach of trust under Section 401 IPC could not be determined without first establishing the complainant's rightful ownership through a civil suit. Thus, the appeal was dismissed, emphasizing the need for clarity on property rights before addressing criminal liability.