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PETITIONER: JAIKRISHNADAS MANOHARDASDESAI AND ANOTHER
Vs.
RESPONDENT: THE STATE OF BOMBAY
DATE OF JUDGMENT: 16/03/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. WANCHOO, K.N.
CITATION: 1960 AIR 833 1960 SCR (3) 329 CITATOR INFO : RF 1962 SC 673 (2) R 1963 SC 495 (5) C 1963 SC1721 (4,5) RF 1964 SC 864 (25) E 1966 SC1253 (6) R 1970 SC 919 (14,26,28) RF 1972 SC 343 (22) R 1980 SC 31 (19,22)
ACT: Criminal Breach of Trust--Ingredients of--Common intention-- Meaning of--Indian Penal Code (XLV of 1860), ss. 409, 34.
HEADNOTE: The first appellant was the Managing Director and the second appellant a Director and technical expert of a cloth dyeing concern known as Parikh Dyeing and Printing Mills Ltd. The company entered into a contract with the Textile Commissioner undertaking to dye a large quantity of cloth which was supplied to the company for that purpose. In pursuance of the contract certain quantity of cloth was dyed and delivered to the Textile Commissioner by the company but it failed to dye and deliver the balance of cloth which remained in its possession and was not returned to the Textile Commissioner in spite of repeated demands. Ultimately the two appellants were prosecuted for criminal breach of trust under S. 409 read with S. 34 of the In...