https://www.taxtmi.com/caselaws?id=369364 Unauthorized sale of shares from the complainant's demat and trading accounts, coupled with alleged appropriation of the account balance, was sufficient at the cognizance stage to disclose a prima facie case of criminal breach of trust and conspiracy under Sections 406 and 120-B IPC; the later retransfer of shares did not negate the alleged wrongful act. The complaint, however, did not plead any false representation or inducement by the applicants, so the ingredients of cheating under Section 420 IPC were not made out on the face of the complaint. Proceedings were therefore sustained only for the remaining offences, and the cheating allegation was set aside. en-us Tue, 23 Oct 2018 00:00:00 +0530 Fri, 26 Oct 2018 06:22:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=369364 Unauthorized sale of shares from the complainant's demat and trading accounts, coupled with alleged appropriation of the account balance, was sufficient at the cognizance stage to disclose a prima facie case of criminal breach of trust and conspiracy under Sections 406 and 120-B IPC; the later retransfer of shares did not negate the alleged wrongful act. The complaint, however, did not plead any false representation or inducement by the applicants, so the ingredients of cheating under Section 420 IPC were not made out on the face of the complaint. Proceedings were therefore sustained only for the remaining offences, and the cheating allegation was set aside. Case-Laws Indian Laws Tue, 23 Oct 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=369364