BHUBAN MOHAN DAS Vs. SURENDRA MOHAN DAS

JUDGEMENT

(1.) This is a Reference to a F. B. made by a Bench of this Court in a criminal matter.

(2.) A petn. in revn. was heard by the Bench which has referred this case in which the petnr. prayed that certain proceedings instituted against him under Section 406, Penal Code, and which were then pending in the Court of a Magistrate at Howrah should be quashed.

(3.) The petnr. and the opposite party who preferred the complaint were partners and it is said that they carried on business at a shop situate at No. 34 Bellillios Road, Howrah. The business was a business of selling ghee, butter and stationery articles. On 12-2-1950 communal disturbances took place in Howrah and according to the complainant the petnr. proposed to him that all the articles in the shop should be removed to the petnr.'s house at 29/2 Beniatolla Lane, Calcutta which was outside the danger zone. The complainant stated that he agreed whereupon the petnr. procured a taxi cab and loaded it with articles which were in the shop. The communal disturbances passed off and according to the complainant he went to the petnr.'s house on 1-3-1950 to collect the articles and bring them back to the shop. The petnr., it is said, told the complainant that he would return the articles in two or three days' time, but this he did not do. On 15-3-1950 the complainant stated that he again went to the petnr.'s house to obtain the articles and he was then told by the petnr. that he had no knowledge of the articles at all.