PETER J DENNIS Vs. GALAXY GRANITE P LTD

JUDGEMENT

(1.) THE respondent is engaged in the business of process of manufacturing monuments made out of granites. THE Petitioner used to take job work from the said Company, prepare monuments and supply to the respondent-Company by Kerala Green raw material supplied by them.

(2.) THE Petitioner on filing of the Crl.O.P., got an interim stay of the proceedings in C.C.No.7288 of 2007 on the file of the learned III Metropolitan Magistrate, George Town, Chennai, on the basis of the Complaint laid by the respondent. THE respondent filed Petition in M.P. No.3 of 2007 for vacating interim stay granted by this Court, By consent of the both parties main Crl.O.P. was taken up.

(3.) LEARNED counsel for the Petitioner further contended that the above said allegation does not attract the provisions of I.P.C, viz., Ss.406 and 420, INDIAN PENAL CODE, 1860 and hence the case is liable to be quashed by this Court. He also relied upon the decision of the Honourable Supreme Court in support of his contention in S. N. Palanitkar & Ors. v. State of Bihar & Ors. AIR 2001 SC 2960: (2002) 1 SCC 241, wherein Their Lordships have held that every breach of trust may not result in a penal offence of criminal breach of trust unless there is evidence of a mental act of fraudulent misappropriation. The words 'sufficient ground? used under Section 203 have to be construed to mean the satisfaction that a prima facie case is made out against the accused and not sufficient ground for the purpose of conviction.