MIS APPROPRIATION OF FUND
KAMARAJ BHARATHY G
(Querist) 06 February 2009
This query is : Resolved
DEAR FRIENDS
I AM BEING LEGAL ADVISOR TO AN UNREGISTERED TEMPLE. IN THAT TEMPLE THE OFFICE BEAR HAS TAKEN 13,000/- RUPEES FOR NON RELEVENT TO THE TEMPLE ACTIVITIES. I AM GENERAL BODY MEMBER ALSO TO THE TEMPLE. NOW MY QUESTION IS CAN I GIVE COMPLAINT AGAINST THE OFFICE BEARER FOR MISAPPROPRIATION OF FUNE? AND WHICH OFFENCES WILL BE MADE OUT?
ARVIND JAIN
(Expert) 07 February 2009
YES.CRIMINAL BREACH OF TRUST.
ARVIND JAIN
(Expert) 07 February 2009
YES.CRIMINAL BREACH OF TRUST.
ARVIND JAIN
(Expert) 07 February 2009
YES.CRIMINAL BREACH OF TRUST.
ARVIND JAIN
(Expert) 07 February 2009
YES.CRIMINAL BREACH OF TRUST.
K.C.Suresh
(Expert) 08 February 2009
Dishonest Misappropriation is dealt with in S. 403 IPC.
Section. 403. Dishonest misappropriation of property Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
S.405: Criminal Breach of trust:
Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits "criminal breach of trust".
The main ingredients of the offence are:
(1) a person should have been entrusted with property, or entrusted with dominion over property;
(2) that person should dishonestly misappropriate or convert to his own use that property, or dishonestly use or dispose of that property or willfully suffer any other person to do so;
(3) that such misappropriation, conversion, use or disposal should be in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract which the person has made, touching the discharge of such trust.
In your case since he is a servant of the temble you can invoke Section. 403 and 408 IPC
K.C.Suresh
(Expert) 08 February 2009
Dishonest Misappropriation is dealt with in S. 403 IPC.
Section. 403. Dishonest misappropriation of property Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
S.405: Criminal Breach of trust:
Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits "criminal breach of trust".
The main ingredients of the offence are:
(1) a person should have been entrusted with property, or entrusted with dominion over property;
(2) that person should dishonestly misappropriate or convert to his own use that property, or dishonestly use or dispose of that property or willfully suffer any other person to do so;
(3) that such misappropriation, conversion, use or disposal should be in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract which the person has made, touching the discharge of such trust.
In your case since he is a servant of the temble you can invoke Section. 403 and 408 IPC
