D. E. JOSHUA Vs. SIMON PULLOKARAN

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Sec. 482 of Cr.P.C. for quashing criminal proceedings in C.C.No.23015/2000 registered based upon PC No.47/2000 pending on the file of JMFC (II Court), Mangaluru, for the offence punishable under Sec. 406 of IPC.

(2.) Heard the arguments of learned Senior counsel appearing for the petitioner and learned counsel appearing for the respondent.

(3.) The case of respondent-complainant is that the respondent filed a private complaint under Sec. 190 of Cr.P.C. read with Ss. 406 and 420 of IPC alleging that the petitioner-accused and the respondent are the partners in 'Galaxy Engineers' situated at Mangaluru and a partnership deed was executed in accordance with the Indian Partnership Act , 1932. The complainant and the accused were appointed as the Managing partners of the firm empowering them individually to represent the firm before all the authorities. The firm was carrying on the business of Mangaluru, Mumbai and other places. The accused was entrusted to look after the Project Management Service of M/s. Aquatic Maxcon Private Limited, Sydney, Australia, for Bombay Municipal Corporation. The firm opened a current account in Canara Bank, Andheri (West) Branch, Mumbai. During the business of firm, on 7/2/1998, a cheque bearing No.517338 was issued in favour of Canara Bank for the purpose of obtaining a D.D. for Rs.50,000.00 favouring the firm to be encashed at Mangaluru by the complainant. The said amount was withdrawn by the accused. The DD was not taken in the name of branch at Mangaluru and the accused has misappropriated the amount by cheating the complainant. Hence, a private complaint came to be lodged. After recording sworn statement, the trial Court took cognizance against the accused for the offences punishable under Ss. 420 and 406 IPC.