TAPAN KUMAR MITRA Vs. MANICK LAL DEY

JUDGEMENT

(1.) This revisional application under Ss. 397/401/482, Cr. P. C. has been filed for the quashing of the proceeding in case No. C.323 of 1983 pending before Shri H. P. Chatterjee, Judicial Magistrate, second Court, Sealdah.

(2.) Admittedly the accused petitioner and the complainant opposite party No. 1 were running a partnership business under the name and style of "M/s. Metal Cap Company" from November, 1979. In terms of the deed of partnership the State Bank of Bikaner and Jaypore at its branch at 227-A and 227-B of Acharya Prafullya Chandra Road, Police Station Ultadanga were the creditors and bankers of the partnership.

(3.) The opposite party lodged the complaint in May, 1983 alleging that at different times beginning from March, 1981 to Dec. 1981, the petitioner accused received cheques payable to the said partnership but instead of depositing them with the Bank mentioned above got them encashed through an account with the United Bank of India Belgachia Branch opened by him in the name of M/s. Metal Cap Company but showing himself as the sole proprietor of the concern and misappropriated the money after encashment. The allegation was found to be true on police enquiry and the learned Magistrate issued process under Ss. 419/409 of the Penal Code. On transfer of the case, the learned trying Magistrate fixed a date for examination of witness. Hence, this revisional application for quashing of the said proceeding.