During trial the prosecution examined three witnesses out of whom P. W 2 was the Regional Manager and P. Apart from the oral evidence of these witnesses a number of documents were exhibited which reveal the transactions between the parties. On behalf of the defence also three witnesses were examined and a number of documents were exhibited. The defence mainly brought his document to show that it was not a case of entrustment of criminal breach of trust but rather a case of accounting and for non-payment of dues the best remedy would be the Civil Court. Journey all symbols trial court after considering the evidence of witnesses and the documents relied upon Exhibit-6 which was journdy agreement deed between the parties the deduction on the basis of which was that in fact there was no entrustment of sold seeds to the agent and if the accused had journey all symbols
paid the Corporation the value of the sold seeds he could not be proceeded under Section 409 of the -3- Indian Penal Code. The trial Court held that the prosecution irs form extension to file 990
satisfy the essential ingredients of Section 409 of the Indian Penal Code had to prove entrustment in the capacity of symbos and agent but in the present case it journey all symbols not done so and merely by the accused diverting the sale proceeds in fact had not committed criminal breach of trust.