No criminal breach of trust u/s. 405 of IPC without deduction by employer: Karnataka HC

Swapna D/O Mr. Muniraju Vs State of Karnataka (Karnataka High Court) Karnataka High Court held that deeming fiction under section 405 of the IPC would be attracted only when there is deduction made by the employer and not otherwise. In absence of deduction, the deeming fiction cannot be invoked nor could there be said to be an offence amounting to criminal breach of trust. Facts- The first petitioner is the Secretary, and the second petitioner is the Founder Trustee of Sri Balaji Educational Charitable Trust, which imparts education under the name and style of ‘Rainbow International Schoolâ€...