Misappropriation of Funds | Case Reference

However, upon consideration of the relevant provision of section 345(2), we find that an offence under sections 406 and 408 of the Penal Code can be compounded only by the owner of the property in respect of which breach of trust has been committed. In the instant case the informant was neither the owner or trustee nor had any function in the of the trust. He was simply the Vice-President of the Mosque of the trust. Therefore, by no stretch of the imagination could he be said to have any proprietary interest in the trust property. Simply it can be stated that he is not the owner of the property in question. Not being the owner of the trust property, the informant did not have the capacity to compound the case. Therefore, the order passed by the Chief Metropolitan Magistrate compounding the offence was patently illegal.  [73 DLR (AD) (2021) 155]

The petitioner took treatment from the BSMMU in different times which is the best medical institution of the country and earlier this Division was directed to enlarge the petitioner on bail on certain grounds as approached by the petitioner himself but he himself violated his own promise made before this Court. The High Court Division rightly rejected his prayer for bail. This Division earlier decided to enlarge the petitioner on bail with some conditions. Since the petitioner has made confessional statements admitting the facts of misappropriation of money, this Court observed that a portion of the misappropriated amount shall be returned to the affected persons who have been suffering but the petitioner did not pay any farthing. ....(7. 11 & 12) 76 DLR (AD) 5

Transaction of loan money under a loan agreement do not operate as an entrustment under section 405 of the Code. When there is no entrustment, there cannot be any trust. If there is no trust, there cannot be a question of criminal breach of trust. In the transaction of loan, the loan giver does not hold any control of the loan amount and, as such, it constitutes no breach of trust. If there is any breach of contract, the remedy is in the civil suit. Sadiul Alam vs State, 64 DLR-146