Ms A already running a proprietor ship firm introduces Mr B and Ms C as working patrners sharing only profit/loss 25% each. Ms A only contributes capital and responsible for all capital and loans raised if necessary. The partnership deed is registered. Ms A gets profit/loss of 50% and interest on her capital. After 3 years Mr. B by cheating and forgery goes to court, claims some 2 branches of the firm as his personal, gets interim injuction ag A and C. He takes possession of assets and runs the business for some time, sells the assets and closes the business. Then he withdraws the injunction case. In the meantime, FIRs are filed against him u/s 406, 420, 467, 468, 471. He manages the police. So reluctantly after one and a half year, police files challan in 2 courts u/s 406 and 420 only. Complainant files appl 190(1)B CrPC to take cognizance u/s 467, 468, 471 also. After around 8 years court takes cognizance and frame charges u/s 420, 467, 468, 471 IPC. It drops 406.
What I wonder is why he is not indicted u/s 409 for criminal breach of trust ? As a partner, he is Agent.
