STATE OF MAHARASHTRA Vs. GOPAL CHUNIMAL PODAR

JUDGEMENT

(1.) This is a revision application by the State challenging the order of discharge passed by the learned Metropolitan Magistrate, 23rd Court, Esplanade, Bombay, dated 8th October, 1976.

(2.) It appears that the complainant Sawaldas Modi and the two accused entered into a partnership agreement on 28th December, 1972. The agreement was to run a cloth business in the name of "Shri Krishna Cloth Agencies". It was also agreed that accounts should be opened in the Central Bank Head Office and Canara Bank, Kalbadevi branch. Everything went smoothly till the end of December 1973. It appears that goods were given on credit to several merchants and also disputes arose between the parties with regard to the account. That is why on 26th June, 1974, the complainant sent in a telegram (Ex. B. collectively) to his partners, the two accused. The telegram reads as under :

(3.) It appears that thereafter the accused opened a bank account in their name and operated the same. The complainant thereafter filed a complaint dated 27th June, 1975 in the Police Station stating inter alia, that the complaint was being filed by him as a partner of the firm of Shri Krishna Cloth Agencies and that monies were due to that firm from 4 customers mentioned therein and that he had learnt that monies due to the firm were taken by one G.R. Agarwal and they were deposited in a bank in Nana Chowk and a request was made to the police to investigate into the matter. The police, it appears, thereafter investigated into the matter and they found that the account in the Bank of India, Nana Chowk was opened in the name of the second account, the first accused having introduced him. On these facts the police sent up a charge-sheet against the accused for an offence under section 409 of the I.P.C.