D. THANGAVEL Vs. JASWANTRAI P. MATHURLA AND ANOTHER

JUDGEMENT

(1.) THESE five appeals are filed by the original accused against the order dated March 25, 1982 of conviction and sentence passed by the learned Additional Chief Metropolitan Magistrate, Mazgaon in five different cases. The complainant has also preferred a Criminal Revision Application for enhancement of sentence in this Court in each case. The said appeals were initially filed in the Bombay City Civil and Sessions Court Bombay and they were transferred to this Court in view of the order passed in each of the Revision Applications by this Court. All these Appeals and the Revision Applications involve a common point for the consideration of this Court and, therefore, they are being disposed of by this common judgment.

(2.) CRESCENT Tool Corporation, a registered firm having its registered office at 4. Raghunath Madhavji Street, Mandvi, Bombay, is a parent concern having its sister concerns in the named and styled as Asia Electric Co. at 13 F, Chakla Street, Mandvi, Bombay -3, M/s. Metal and Material Corporation, 1st Dhirubhai Parikh Marg; New Era Engineering Co., at 30, Old Hanuman Lane, 2nd floor, Kalbadevi, Bombay and M/s. Rajendra Trading Co., at 112 Veer Vithaldas Chandan Street, Vadgali, Bombay -4. All these firms were dealing in mills stores, hardware, machine tools, etc. They had separate current accounts with Indian Overseas Bank, Mandvi Branch with the bill discounting facilities. This facility was given on the application of all the partners of each of the firms coupled with letters of hypothecation given by them. Under the said facility the account -holder is paid in advance the value of the goods under sale and the bank realises the amount later. The nature of the transaction itself calls for a faithful report from the account -holder as regards the quality, quantity and the value of the goods to be sold The facility was available to the parent concern and all other associated concerns between 1975 and 1977.

(3.) IN Cr. Appeal No. 538 of 1984 Rajendra D. Shah had drawn the following hundis : -