Penal Code, 1860–Sec. 406 [Corresponding Sec. 316(2) of BNS, 2023]–Scope–Every act of breach of trust may not result in a penal offence unless there is evidence of a manipulating act of fraudulent misappropriation of property entrusted to him–Complainant failed to establish the ingredients essential to constitute an offence u/s. 406–Furthermore, he also omits to aver as to how the property so entrusted to the appellant was dishonestly misappropriated or converted for his own use, thereby committing a breach of trust–Delay of eight years in filing the complaint also raises a suspicion about his bona fides–FIR and consequential proceedings are liable to be quashed.
