THAKUR ABHAI SINGH Vs. SANJAY SINGH

JUDGEMENT

(1.) THIS is an application under Sec. 482 CrPC praying that the proceedings against the applicant in Criminal Case No. 341 of 1979 u/Sec. 408 IPC pending in the Court of the Judicial Magistrate, Dehradun be quashed.

(2.) ACCORDING to the application a complaint dated 3-4-1979 was filed against the applicant and his sister opposite-party No. 2 by opposite-party No. 1 under Section 408 IPC in the Court of the Judicial Magistrate 1st Class, Dehradun in which it was stated that opposite-party No. 1, the applicant, opposite- party No. 2 and the mother of opposite-party No. 1 are members of a partnership firm which is running a public school at Dehradun known as Col. Brown Cambridge School. A current account bearing No. 13029 was opened in the Union Bank of India, Dehradun in the name of Col. Brown Cambridge School which was operated by the mother of opposite-party No. 1 and the applicant. The applicant is also the acting principal of the school and opposite party No. 2 is his secretary. The school except standard X reopened after the winter vacation on 29-1-1979 and standard X reopened on 15-1-1979. The fee of each term was charged in the beginning of each term. With a view to make wrongful gain the applicant and opposite-party No. 2 opened a new account in the Union Bank of India, Dehradun in the name of N. S. Educational Society without the consent or approval of the other partners. The applicant and opposite-party No. 2 received huge sums of money of the Col. Brown Cambridge School on 29-1-1979 or thereafter which ran into many lacs and did not deposit the said amount in the account of Col. Brown Cambridge School in the Union Bank of India, Dehradun but diverted the said amount in their newly opened account of N. S. Educational Society in the Union Bank of India, Dehradun with a view to gain illegally- and dishonestly misappropriate or convert to their own use the said amount. The applicant and opposite-party No. 2 thus in the capacity as servants of the partnership of the Col. Brown Cambridge School committed criminal breach of turst in respect of the funds of the school entrusted to them as such servants which was puishable under Sec. 408 IPC.

(3.) IT has been held in Debabrata Gupta v. S. K Ghosh (supra) :