STATE OF UTTAR PRADESH Vs. KAILASH NATH AGARWAL

JUDGEMENT

(1.) The question that arises for consideration in this appeal by the State of U. P. on certificate is:-

(2.) Before we proceed to state the facts it has to be mentioned that it has been brought to our notice that Sarwan Lal, the 4th respondent, died after the appeal was filed in this Court by the State. In consequence the appeal has abated against him. However, in the course of the judgment we will have to refer to him also when we state the case of the prosecution.

(3.) The prosecution case against the accused was as follows:- The first respondent Kailash Nath, along with Sarwan Lal, Moti Chandra and Smt. Shanti Devi respondents 4 to 6 respectively, were the Directors of M/s. M. K. Brothers (P.) Ltd., Kanpur and were doing business in cotton in Kanpur. In the course of their business they used to purchase cotton from out stations and sell them to the textile mills at Kanpur. The second respondent, Kesardeo Dudhia, was an employee of M/s. M. K. Brothers (P.) Ltd. and used to look after the work of taking delivery of' cotton bales from the Kanpur railway station. The third respondent, Devi Prasad Agarwal was a representative of J. K. Cotton Mills, Kanpur. In 1958 the financial position of M/s. M. K, Brothers (P.) Ltd. became very precarious and in consequence they committed considerable delay in clearing the consignments of cotton from the station premises and this resulted in their being liable for heavy arrears of demurrage and wharfage.