Supreme Court of India · 2014-10-30
BINOD KUMAR vs STATE OF BIHAR
- Citation / case number
- SC 2011/30029
- Court
- Supreme Court of India
- Petitioner
- BINOD KUMAR
- Respondent
- STATE OF BIHAR
- Author
- R. BANUMATHI
- Bench
- R. BANUMATHI T.S. THAKUR
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellants' petition under Section 482 Cr.P.C. for quashing charges under Section 406 IPC for criminal breach of trust. The Court found that the withholding of payment to the respondent was not justified as it lacked the necessary elements of a public duty defense and that a prima facie case was established against the appellants. The Court emphasized that the essential ingredients of criminal breach of trust were present, affirming the lower courts' decisions.