M R SURESH Vs. V SESHADRI

JUDGEMENT

(1.) This Criminal Original Petition is filed to call for the records concerned with C.C.No.176 of 2010 on the file of the Judicial Magistrate Court No.3, Salem and quash the same.

(2.) The petitioners in the Criminal Original Petition are the accused in C.C.No.176 of 2010 pending on the file of the Judicial Magistrate Court No.3, Salem, which has been initiated by the respondent, who is the complainant. The respondent had initiated a private complaint against the accused for the offences under Section 420, 406, 506 (ii) of the Indian Penal Code.

(3.) The brief facts of the case is that the complainant and one Mr.M.K.Ramesh Babu, father of the accused No.1 and 2 had started a partnership firm on 20.06.2002, in the name and style of S.R.Jewellery and they were into manufacture, purchase and sale of silver products. The said firm was dissolved on 30.06.2004. The complainant who was doing job work in the filed of silver, had acquittance with the accused who were sons and erstwhile partners. The accused were experienced in the field of manufacturing and selling of silver products. The complainant had handed over 35 kilograms of silver bars to the accused. The accused were put in complete charge and responsible for the custody of the silver bars. The accused were to process the same and to sell articles and they were to handover the accounts to the complainant at the end of every English Calendar month. An agreement to that effect was entered into between the complainant and the accused on 24.03.2003. Upto June, 2004, their business was running smoothly, thereafter, when the complainant asked for the return of the silver bars of 35 kilograms entrusted to the accused, the accused had failed return the same.