SURMDER NATH Vs. STATE

JUDGEMENT

(1.) On August 14, 1967 Shri Kashmir Sindhu, Additional Sessions Judge, Delhi, made three reports recommending that the charges framed against Surinder Nath, under section 406 of the Indian Penal Code, in three cases, be quashed. As a common question is involved in those cases it will be convenient to deal with them together.

(2.) Before the partition of the country Choudhary Bhagat Ram and his five sons, Surinder Nath Rajinder Nath, Narinder Nath, Waseshwar Nath and Joginder Nath, had a joint Hindu family business of stock and share brokers at Rawalpindi. After the death of Bhagat Ram his sons started a partnership firm for doing the same business at Delhi. Though the partnership business was commenced by them from November 1, 1947 yet a formal partnership deed was exeted only on August 27, 1951. No capital was contributed by any partner. Surinder Nath, who is the eldest out of the brothers, was, according to the terms of the partnership deed, to be incharge of the office and was to operate upon the bank accounts in the name of the firm. The other partners were to be "the field workers".

(3.) Unfortunately differences arose between the brothers, more particularly between Joginder Nath and Surinder Nath. On December 17, 1962 Joginder Nath made a report to the Superintendent of Police, South Delhi, alleging that dealings of Surinder Nath with the funds of the partnership firm had not been "honest and straight-forward". In the report alleged instances of criminal breach of trust, cheating and falsification of accounts were given.