TMI Blog1948 (2) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... e under s, 403 and not under Section 406, Penal Code. 2. The facts in brief are that the complainant is a goldsmith and the accused was his intimate friend. On 15th Baisakh 1352 B. s. (28th April 1945} the accused went to the complainant and told him that the date of the marriage ceremony of his youngest brother, Badal, was very hurriedly fixed for the next day so that there wad no time to have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er open to question. The learned Advocate for the-petitioner has endeavoured to convince us that the offence disclosed is one under Section 403, namely, an offence of criminal misappropriation. The learned Advocate has placed before us one reported decision, namely, Emperor v. Qirji, 6 Bom. h, B. 1093 : (l cr. l. J. 1109). The head, note is in the following terms : The loan of a chattel does no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... principle than mere illustrations, clearly show that the essence of criminal misappropriation of property is that the property comes into the possession of the accused in some neutral manner, whereas the illustrations to Section 405 show equally clearly that the property comes into the possession of the accused either by an express entrustment or by some process placing the accused in a position ..... X X X X Extracts X X X X X X X X Extracts X X X X
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