HARRIES,C.J. - (1.) THIS is a petition for revision of an order made by a Presidency Magistrate convicting the petitioner of an offence under Section 406, Penal Code, and sentencing him to three months' rigorous imprisonment.
(2.) THE case against the petitioner was that the complainant had instructed the petitioner who was a jeweller to make a neck chain which was to be delivered on 20 -9 -1949 and had handed to the petitioner a sum of Rs. 308 which was the cost of the gold necessary for a chur and the cost of making it. According to the complainant, the petitioner never delivered the chur and never returned the sum of Rs. 308. Accordingly it is said that he was guilty of an offence under Section 406, Penal Code. Section 406 provides that whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Criminal breach of trust is defined in Section 405, Penal Code, in these terms: '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 trust is to be discharged, or if any legal contract, express or implied, which he has made touching the discharge of trust, or wilfully suffers any other person so to do, commits 'criminal breach of trust.''
(3.) IT will be seen from this definition that before a person can be held guilty of criminal breach of trust the property must have been entrusted to him or he must have been entrusted with the dominion or power of control oven property and further it must also be shown that he has misappropriated the property so entrusted or baa converted such property to his own use.;