G S RAJAKUMAR Vs. SUBRAMONIAM POTI

JUDGEMENT

(1.) THE petition is one under Section 482 of the Cr. P. C. to call for records in C. C. 41 of 1978 of the Court of the Judicial Magistrate of the First Class, Kottarakkara and to quash the above said proceedings. The case of the petitioner here who is the accused in the said Criminal case is that on the averments made in the complaint no offence against the petitioner has been made out and the complaint has been filed only with a view to harass the petitioner and not to seek any genuine relief. The petitioner in this case is a graduate in medicine, registered as a Medical Practitioner. So is the case with the first respondent in this petition who is the complainant before the Magistrate. A private hospital in the name "devi Mission Hospital" was established at Nilamel and that according to the petitioner was by himself and with his own investment. But the case of the first respondent in his complaint is that it was established with funds contributed by him too on the understanding that it will be run as a partnership concern. His further case is that it was being run as a partnership concern. The petitioner's case is that the first respondent was only a person employed by him on a monthly salary of Rs. 1250/and after a period of 3 months the petitioner was un satisfied with the service rendered by the first respondent and therefore he was discharged from service. The first respondent is said to have claimed compensation for premature termination of service but that was not given. It is the petitioner's case that this resulted in the complaint filed by the respondent on 13-2-1978. The complaint was followed up with a motion for search and pursuant to the order of the court the business premises of the petitioner were searched, various items of hospital equipments and furniture were seized and these were entrusted to a third party pending disposal of the Criminal Complaint.

(2.) THE first respondent had filed the complaint on the averment that on the understanding that petitioner and himself would contribute equally for establishing a private hospital he contributed an amount of Rupees 7500/ -. the petitioner contributed an equal amount;, that with this amount hospital equipments were purchased and the petitioner as well as the respondent were conducting th Devi Mission Hospital as a partnership con-corn. Finding that this was not profitable, this was closed after sometime and the equipments and furniture were moved over to a place at Nilamel on 14-10-1977 and from 21-10-1977 a private Hospital was opened there again as a partnership concern. He would say that the possession of the petitioner of the equipments and furniture was only as that of a partner. The first respondent took leave for a week and went home. According to him when he returned on 241-1978 he was prevented from entering into the hospital and thus he was denied the joint possession of the equipments of the hospital. It was further said that an attempt "is being made to claim the furniture and equipment as that of the petitioner's wife as also the wife of a friend of the petitioner, that some record is being created for that purpose and further that on the strength of such record the petitioner is planning to pledge these equipments with the local branch of the Federal Bank. This, it is said, constitutes, offences punishable under Sections 406 and 424, I. P. C. and action is prayed for.

(3.) ASSUMING all the averments are true has a case been made out by the first respondent of offences, punishable under Section 406 or Section 424, I. P. C? That is the question which calls for consideration, for, if there be no case made out I may be justified in interfering on the petitioner's motion.