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    <title>1985 (12) TMI 371 - CALCUTTA HIGH COURT</title>
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    <description>Territorial jurisdiction was upheld because part of the alleged retention of trust property occurred within Calcutta under Section 181(4) CrPC. The complaint nevertheless failed on substance because it did not clearly allege dishonest misappropriation or conversion, which are essential to criminal breach of trust; mere retention of trust monies was insufficient, and the conspiracy allegation could not survive on that same deficient foundation. The prosecution was also time-barred, as the alleged offence was complete once and for all, not continuing, and the complaint was filed beyond the three-year limitation period applicable to Section 406 IPC. The revisional application succeeded and the criminal proceeding was quashed.</description>
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    <pubDate>Wed, 18 Dec 1985 00:00:00 +0530</pubDate>
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      <title>1985 (12) TMI 371 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=311410</link>
      <description>Territorial jurisdiction was upheld because part of the alleged retention of trust property occurred within Calcutta under Section 181(4) CrPC. The complaint nevertheless failed on substance because it did not clearly allege dishonest misappropriation or conversion, which are essential to criminal breach of trust; mere retention of trust monies was insufficient, and the conspiracy allegation could not survive on that same deficient foundation. The prosecution was also time-barred, as the alleged offence was complete once and for all, not continuing, and the complaint was filed beyond the three-year limitation period applicable to Section 406 IPC. The revisional application succeeded and the criminal proceeding was quashed.</description>
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      <pubDate>Wed, 18 Dec 1985 00:00:00 +0530</pubDate>
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