In Brief
A neurosurgeon employed by a hospital for ten years challenged his termination as General Manager, alleging criminal breach of trust and cheating relating to improper billing of his surgical services. The Supreme Court held that the allegations disclosed only a civil dispute arising from breach of the consultancy agreement. The offences of cheating and criminal breach of trust require proof of fraudulent or dishonest intention from inception and clear entrustment of property respectively—neither element was established. The appeal was allowed and the case against the General Manager was dismissed.
The lawyer headnote and full judgment text are available to registered users.