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february 2009

Supreme Court of India · 2009-02-11

STATE OF PUNJAB vs PRITAM CHAND .

Citation / case number
SC 2003/12887
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
PRITAM CHAND .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court held that the acquittal under Section 406 IPC for criminal breach of trust was erroneous as the trial court failed to adequately examine the ingredients of the offence, particularly the requirement of entrustment and misappropriation. The Court emphasized that a breach of contract does not preclude criminal prosecution if the elements of criminal breach of trust are established. The High Court's endorsement of the acquittal was also deemed unreasoned, leading to the conclusion that the matter warranted further examination of the criminal charges against the accused.

STATE OF PUNJAB vs PRITAM CHAND . · Niyam