PRAKASH MANSUKHLAL TURAKHIA Vs. NAREN T SHAH

JUDGEMENT

(1.) This petition is to quash a process issued on a complaint filed by respondent No. 1 in the Court of the Additional Chief Metropolitan Magistrate, 19th Court, Esplanade, Bombay, in Case No. 26/S/85.

(2.) The petitioner and respondent No. 2 were partners in a firm known as M/s. N. Rajnikant & Co. Respondent No. 1 is the husband of respondent No. 2. According to the complaint, the petitioner-accused was looking after the business till about 1980 and was maintaining accounts. In 1980, the petitioner started his own firm of Messrs. K. Manusukhlal & Co. and was doing the same business. According to the complainant when the accused started his own business, he handed over the partnership business, of Messrs, N. Rajnikant & Co. To his wife (Respondent No. 2) and their son Ketan and since then the complainant looked after that affairs of the firm.

(3.) It appears that one Messrs. Revers Remedies Pvt. Ltd. were one of their customers to whom goods were supplied. On going through the accounts, the complainant found that a sum of Rs. 2, 13,388.32 P was due and payable by the said Messrs.. Revers remedies Pvt. Ltd. Accordingly, the Complainants firms Advocate called upon the said company to pay the said amount with interest thereon. To this letter, the Advocate of the said Company sent a reply stating that nothing was due and payable, according to their books of account. However, they called upon the Complainants firm to furnish a statement of account, which the complainants firm did. After going through the statement of account, the said company, by their letter dated 2nd December, 1982 informed the complainants firm that they had paid a sum of Rs. 19,000/- in 1981 and that the said sum has not been shown in the books of account. Thereafter, by a further letter dated 17th January, 1983, they gave the particulars of payment of the said sum of Rs. 19,000/- and the said letter shows that the amounts were paid by cheques of different amounts between 14-12-1980 to 18-5-1981. It is the case of the complainant that this amount was received by the accused and that this amount was not shown in the books of account.