In CRM-M-10009 of 2023-PUNJ HC- To attract Section 409 IPC, person to whom property is entrusted should be in capacity of public servant, banker, merchant, factor, broker, attorney or agent, who commits criminal breach of trust: P&H HC
Justice Deepak Gupta [24-02-2023]

Read Order: Ashok Kumar v. State of Punjab 

Monika Rahar

Chandigarh, February 27, 2023: In order to attract Section 409 of IPC, the person to whom the property is entrusted should be in the capacity of public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, who commits criminal breach of trust, Punjab and Haryana High Court has held. 

Prayer in this petition, before the Bench of Justice Deepak Gupta, was to quash the order of the Additional Sessions Judge, Sangrur and the order of the Additional Chief Judicial Magistrate, Sangrur in an FIR registered under Section 409 IPC whereby the petitioner was charge-sheeted under Section 409 of IPC.

A short prayer made at this stage by the petitioner's counsel was that at the most, charges could have been framed under Section 406 IPC. It was pointed out that even the FIR was registered under Section 406 IPC and the final report under Section 173 Cr.P.C. was also submitted by the Police to prosecute the petitioner under Section 406 IPC.

Allegations were that paddy of Punjab State Ware House Corporation for the year 2009-2010 was allotted for the purpose of milling to M/s Nabha Rice Milll Bhawanigarh of which petitioner is the proprietor. The paddy fell short due to which the FIR in question was registered.

After hearing the parties, the Court observed that in order to attract Section 409 IPC, the person to whom the property is entrusted should be in the capacity of public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, who commits criminal breach of trust. 

Adverting to the present case, the Bench stated that the petitioner did not hold any of such capacity, therefore, the impugned orders were hereby set aside. 

"Instead of Section 409 IPC, prima-facie charge is liable to be framed under Section 406 IPC", the Bench opined while directing the Trial Court to proceed accordingly.