Bank not a trustee of money deposited by Customers- Customer & Bank are creditor/Debtor: SC

N. Raghavender Vs State of Andhra Pradesh (Supreme Court) Section 409 IPC pertains to criminal breach of trust by a public servant or a banker, in respect of the property entrusted to him. The onus is on the prosecution to prove that the accused, a public servant or a banker was entrusted with the property which he is duly bound to account for and that he has committed criminal breach of trust. (See: Sadupati Nageswara Rao State of Andhra Pradesh). The entrustment of public property and dishonest misappropriation or use thereof in the manner illustrated under Section 405 are a sine qua non fo...