RAMESH GHANSHAMDAS ASWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) QUESTIONS of some importance have been raised in this writ petition which I am summarising below :

(2.) A few of the facts that are material are being set out below :

(3.) THE petitioner Ramesh Ghanshamdas Aswani along with his brother Bhagwan and father Tulsidas were partners of firm doing business in the name and style of K. Tulsidas and Bros. , between the period 1-4-1972 and 31-3-1979. With effect from 31-3-1979, the complainant Bhagwan retired from the partnership. It is his case that he was forced to retire but we are not immediately concerned with that aspect of the matter. It appears that savings bank account No. 8324 was opened with the Indian Overseas Bank, Marine Lines Branch on 24-4-1980 by two persons viz. , the present petitioner Ramesh and his father Tulsidas. Though the account opening form is signed by these two persons, the account was opened in the name of Bhagwan i. e. the brother who had retired from the partners in the year 1979 and Tulsidas, the father. Ramesh, the present petitioner had also introduced the opening of the account in question by signing in his capacity as the partner of Tulsidas and Bros. , which firm operated Current Account No. 347 with the same Branch. In the introducers column, Ramesh has signed in the capacity of R. Tulsidas.