WPCR 5 of 2025 Esha IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO.5 OF 2025 JAGDISH @ JAGRAM BISHNOI ... PETITIONER Versus STATE OF GOA, THR. PUBLIC PROSECUTOR AND 2 ORS ... RESPONDENTS Mr. Suresh Palkar with Ms. Saily Kauthankar, Advocates for the Petitioner. Mr. S.G. Bhobe, Public Prosecutor for Respondent Nos. 1 and 2. Mr. Vibhav Amonkar with Mr. Shivam Fadte, Advocates for Respondent No. 3. CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ. DATED :- 8th April, 2025 P.C. On the previous date i.e. 01.04.2025 we had indicated that we may not be inclined to entertain the Petition as now the charge is framed and against the order dated 05.07.2024 passed in Criminal Case No. 133/2022/B, the remedy of Revision is available. 2. Today, we once again indicated to the learned Counsel for the Petitioner about our view, but he expressed that since no case under Section 408 of IPC is made out, the Court shall exercise its inherent jurisdiction and quash the FIR. Page 1 of 3 8th April, 2025 2025:BHC-GOA:688-DB WPCR 5 of 2025 3. With the able assistance of the learned Counsel for the Complainant as well as the learned Public Prosecutor, we have perused the chargesheet placed on record. 4. The chargesheet has compiled the material against the Accused person pursuant to the complaint being lodged to the Bicholim Police Station, by the Complainant, Proprietor of M.D. HP Gas Agency, who made the grievance that he employed the Accused person, as a Contractor to deliver HPCL non-domestic LPG cylinders and entrusted 210 cylinders to be delivered to the customers through his agency. It is then alleged that though he distributed the cylinders, he failed to pay the outstanding sum of Rs.18,12,609/- and therefore, he committed criminal breach of trust. 5. We have also perused the material accompanying the chargesheet which includes the statement of the witnesses. 6. The offence of criminal breach of trust is committed when a person in any manner being entrusted with property or the dominion over property, dishonestly misappropriates or converts for his own use, that property or disposes of that property in violation of the direction of law prescribing the mode in which such trust is to be discharged or of any legal contract expressed, touching the discharge of such trust. Page 2 of 3 8th April, 2025 WPCR 5 of 2025 7. It is the specific case of the Complainant that that he had entrusted the LPG cylinders for being distributed to the Accused and though he distributed the cylinders, he misappropriated the amount received from the delivery of these cylinders as they were not credited to the Complaint's account, at whose instructions he was acting. The only point which the Counsel for the Petitioner takes us to is that Section 408 is not attracted, since the Petitioner is not a servant or an employee and therefore, the FIR is liable to be quashed and set aside. 8. From the reading of the chargesheet, we find that sufficient material has been established to indicate criminal breach of trust that has been distinctly defined in the Indian Penal Code and therefore, we permit it to the Prosecution to lead evidence to establish the offence. Since we are not expected to conduct the mini trial at this stage, we are not inclined to exercise our inherent jurisdiction under Section 528 of the BNSS. 9. As a result, the Criminal Writ Petition is dismissed. NIVEDITA P. MEHTA, J. BHARATI DANGRE, J. 8th April, 2025 Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 08/04/2025 19:46:35