M CHAINRAJ Vs. SULOCHANA C DANIEL

JUDGEMENT

(1.) Petitioners are accused 1 to 5 in C. C. No. 4450 of 1988 on the file of the VII Metropolitan Magistrate, Madras.

(2.) All accused are related to each other. Accused 1 is the paternal uncle of accused 2 to 4 who are all brothers. Accused 5 is the sister's son of accused 1's wife. A partnership firm under the name and style of Ananda Trading Co. was formed at Madras on 14-5-1982 and registered with the Registrar of firms, Madras on 24-7-1982. The respondent-complainant along with her mother in law Mrs. Rose Daniel became partners of the firm. Accused 1 to 3 also became the partners of the firm. The firm consisted of 19 partners.

(3.) On 17-5-1982 the firm acquired an old shop M. V. St. Demetrius in the name of D. Narasingamurthy, one of the partners of the firm for its metal scrap. For dismantling of the ship and selling the scraps accused 1 and D. Narasingamurthy were appointed by all the other partners as Managing Partners and given a Power of Attorney to act for the firm. A current account No. 577 was opened in the Bank of Rajasthan Ltd., Sunkurama Street, Madras. Both of them were authorised to operate the account jointly.