Criminal Breach Of Trust And Cheating Cannot Co-Exist On Same Set Of Facts: Orissa High Court

The Orissa High Court has held that the offences of criminal breach of trust and cheating cannot simultaneously arise from the same set of facts.

The Court observed that while cheating requires dishonest intention at the inception of the transaction, criminal breach of trust involves misappropriation of property after it has been entrusted.

Holding that the essential ingredients of both offences are distinct and mutually exclusive, the Court said that prosecution must clearly establish which offence is made out on the facts of a case.

It ruled that mechanically invoking both offences without satisfying their statutory requirements amounts to an abuse of the criminal process and is liable to be interfered with by the Court.