Law: Penal Code (XLV of 1860)

Section: 489-F,406,34

(a) Penal Code (XLV of 1860)--- ----Ss. 489-F, 406 34---Dishonestly issuing a cheque, criminal breach of trust and common intention---Appreciation of evidence--- Appeal against acquittal---Benefit of doubt---Accused obtained five vehicles on rent from complainant but did not pay rent, thereafter accused issued a cheque amounting to Rs. 26,00,000/- in favour of complainant which was dishonoured due to insufficient funds, however accused neither paid rent nor returned two vehicles---Perusal of the record revealed that the complainant in his statement deposed that the accused had misappropriated his vehicle and attributed the allegation with regard to misappropriation of parts of other vehicle to the co-accused---During the physical remand neither the vehicle nor any parts of vehicle were recovered from possession of the accused---Record further revealed that the complainant deposed that after one year and eight months the police informed him that his vehicle had been recovered and he had taken the same on superdari from the concerned Area Magistrate---Nothing was on record to show as to from where the police got recovered the said vehicle and no recovery memo regarding recovery of the said vehicle was available on record, which made the prosecution case highly doubtful---Record further transpired that vehicle was obtained by accused whereas, co-accused was only a guarantor, as such, the obligation for the payment of rent of the said vehicle was upon accused and not on the co-accused---Prosecution also failed to establish any specific amount of rent due towards the accused---Principal ingredient of the offence being dishonest misappropriation or conversion might not ordinarily be a matter of direct proof---Entrustment of property and failure in the breach of an obligation to account for the property entrusted, if proved, might in the light of other circumstances, justifiably led to an inference of dishonest misappropriation or conversion---Ingredients of the offence under S. 406, P.P.C., in circumstances, was not made out against the accused---Allegedly an Iqrarnama was executed between accused and complainant but complainant neither mentioned the said document in…

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