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In Re T.S. Subramanya Aiyar - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.867
AppellantIn Re T.S. Subramanya Aiyar
Excerpt:
criminal procedure code (act v of 1898), section 237 - charge of criminal breach of trust--concretion for cheating whether sustainable. - .....of trust. we decline to interfere with the conviction or with the sentence, which is a lenient.....
Judgment:
ORDER

1. We do not think that it was open to the Magistrate to convict the accused of cheating under Section 420, Indian Penal Code, as he was not charged with that offence, and the defence evidence that would be appropriate in regard to such a charge would be different from that required on a charge of criminal breach of trust under Section 406. We set aside the conviction under Section 420. But we think that there is evidence to support the conviction under Section 406. No doubt the reference to interest or the security deposit suggests that the money was intended to be available for use by the accused as capital, but it is by no means conclusive to that effect. Many other circumstances support the finding of the Magistrate on a breach of trust. We decline to interfere with the conviction or with the sentence, which is a lenient one.


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