https://www.taxtmi.com/caselaws?id=784559 The dominant issue was whether presentation of a security cheque issued under a loan agreement could constitute criminal breach of trust by an agent punishable under s.409 IPC. Applying SC law, the HC held that s.405/406 IPC requires entrustment of property belonging to another and dishonest misappropriation; a security cheque in a commercial loan is a contractual security mechanism, not a fiduciary entrustment, and its presentation per the agreement involves neither entrustment nor misappropriation. Consequently, no prima facie offence under s.409 IPC was made out and the complaint was found to be an abuse of process, apparently a counterblast to proceedings under s.138 NI Act; the summoning order and NBWs were set aside and the petition was allowed. en-us Tue, 06 Jan 2026 00:00:00 +0530 Thu, 08 Jan 2026 08:19:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=784559 The dominant issue was whether presentation of a security cheque issued under a loan agreement could constitute criminal breach of trust by an agent punishable under s.409 IPC. Applying SC law, the HC held that s.405/406 IPC requires entrustment of property belonging to another and dishonest misappropriation; a security cheque in a commercial loan is a contractual security mechanism, not a fiduciary entrustment, and its presentation per the agreement involves neither entrustment nor misappropriation. Consequently, no prima facie offence under s.409 IPC was made out and the complaint was found to be an abuse of process, apparently a counterblast to proceedings under s.138 NI Act; the summoning order and NBWs were set aside and the petition was allowed. Case-Laws Indian Laws Tue, 06 Jan 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=784559