Case Name : Smt Rashmi Kumar vs Mahesh Kumar Bhada Case Reference: (0000) 0 SCR 00 : (1997) 2 SCC 397 Neutral Citation: Case Number: Crl A 645/1993 Court: Supreme Court Bench: 03 Coram: K Ramaswamy, SB Majumdar, GT Nanavati Date: 18.12.1996
Wife is absolute owner of Stridhan. Stridhan is not joint property of the wife and the husband #incomplete
Ingredients of Criminal Breach of Trust
- Entrustment; and
- Dishonest misappropriation
Entrustment implies that the person handing-over the property continues to be the owner of the property.
Scrutiny at the stage of cognizance
At the stage of taking cognizance , the court is not required to sift and appreciate evidence. The court has to only consider averments made in the complaint. Court can record evidence to see whether the offence is made out.
Quashing proceedings at initial stage
Court should be circumspect in exercising inherent powers.
Refer also:
Judgment name
See also: CrPC - Section 200 CrPC - Section 482 HMA - Section 27
PDF: Rashmi Kumar vs Mahesh Kumar Bhada, (1997) 2 SCC 397.pdf