AIR 1991 SUPREME COURT 1394 ::1991 AIR SCW 1230 ::1991 (2) CurCriJ 187 ::1991 CriAppR(SC) 208 ::(1991) MadLW(Cri) 246 ::(1992) 1 CriLC 1 ::(1991) Mad LJ(Cri) 563 ::1991 (2) SCC 623 ::1991 SCC(Cri) 482 ::(1991) 2 RecCriR 232 ::1991 CriLR(SC MAH GUJ) 425 ::1991 CalCriLR 128 ::(1991) 2 SCR 88 (SC) ::1991 (2) Crimes 183 ::(1991) 2 JT 86 (SC)

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): S. Ratnavel Pandian, K. Jayachandra Reddy , JJ

Penal Code (45 of 1860) , S.409— Criminal breach of trust - Allegation of forging bills and misappropriating amount and thereby committing criminal breach of trust - Sale on credit of articles of Govt. Agricultural seed store by accused entrusted with fertilisers, seeds etc. of store in official capacity - Prosecution case of forging bills and receipts and using them as genuine not held to have been true by High Court - Amounts alleged to have been misappropriated proved to be deposited by accused before investigation - Held, charge under S.409 could not be sustained. Judgment of H.C. (All), Reversed. Where it was alleged that the accused persons who were entrusted with fertilisers, seeds etc. of the Govt. Agricultural Seed Store in their official capacity prepared forged bills in respect of the articles of the store in name of some village level workers as if these workers were supplied with articles on credit and thereby committed criminal breach of trust under S.409, it was held that the charge could not be sustained when it was shown that in spite of the circulars by Director, Agriculture directing to stop the practice of credit sales of fertilisers etc. from the Govt. Agricultural @page-SC1395 seed store, in reality the long established practice of credit sales was continued and also when none of the bills wa....