[IX of 1872]
Section 182—The relationship created under the agency agreement is a fiduciary relationship which is absent in the relationship of seller and customer. This fiduciary relationship is the crux of the provision of section 405 of the Penal Code which clearly defined the offence of “criminal breach of trust” as when a person is entrusted with property who dishonestly converts the same for his own use of that property or dishonestly uses or disposes of the direction of any legal contract expressed or implied then the offence of criminal breach of trust is committed, if committed by agent, etc. will be liable for punishment under the provision of section 409 of the Penal Code. Bhaskar Chakraborty vs State 59 DLR 325.