Supreme Court · 2010 INSC 695 · Decided 8 October 2010

Asoke Basak v. State of Maharashtra and ORS.

Court
Supreme Court of India
Citation
2010 INSC 695 · [2010] 12 S.C.R. 736
Case number
CRIMINAL APPEAL No. 1980/2010
Decided
8 October 2010
Bench
D.K. JAIN, H.L. DATTU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 405, 409, 34; CrPC Section 482

Headnote

Penal Code, 1860 - ss. 405, 409 r/w s. 34 - Criminal breach of trust - Ingredients of - Discussed - Contract C between respondent No. 2-company and Maharashtra State Electricity Board (MSEB) - Respondent no.2 deposited Rs.5 lakhs with MSEB as security deposit - Dispute aro~e between respondent no immediate refund of Rs.5 lakhs - However, MSEB adjusted o the deposit of 5 lakhs against dues payable by respondent No.2 to MSEB - Respondents No.2 to 4 filed complaint against appellant (Chairman of MSEB) and others under ss. 405 and 409 rlw s. 34 /PC - Magistrate took cognizance and issued

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