AJIT KUMAR SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE First Information Report and the ensuing investigation in Golabari P.S. Case No. 19 of 2009 dated 14.01.2009 under sections 406/408/120B/34 of the Indian Penal Code has been assailed.

(2.) MR . Quasimuddin, learned counsel appearing for the petitioners, submitted that the uncontroverted allegations in the First Information Report relate to disputes between the partners in the partnership firm and the same by no stretch of imagination can constitute an offence of criminal breach of trust in view of the commonality of ownership in the properties of the firm. He further submitted that at its best the dispute relates to settlement of accounts between the partners inter se.

(3.) ON the other hand, Mr. Goswami, learned counsel appearing for the opposite party no. 2, submitted that not only the partners but also an employee of the firm has been arrayed as an accused and therefore it is pre -mature to decide the aforesaid issue.