COMMERCIAL BUREAU Vs. NRGHOSHAL

JUDGEMENT

(1.) This Rule was issued on the Chief Presidency Magistrate and upon the opposite patty to show cause why an order of acquittal should not be set aside. The material facts are as follows: The present petitioner filed a petition of complaint against the two opposite parties on 5-12-1945, alleging that they had committed offences punishable Under Section 406, 420 and 420/114, Penal Code.

(2.) The case for the prosecution briefly was that the complainant is the manager of the firm known as the Commercial Bureau of No. 28, Strand Road, Calcutta, and that that firm carried on business of manufacturing and supplying black-tape and micanite goods to the Government for war purposes, and that in the year 1945 they obtained a certain quantity of silk yarn by means of Government requisition, which silk yarn was required to be made up into silk materials. He was approached by the accused persons who represented themselves to be the managing directors of the firm known as Shree Ram Silk Mills Ltd., and the accused persons persuaded the complainant to make over the silk yarn to the accused for manufacture, and subsequently the accused persons persuaded the complainant to advance them certain sums in order to facilitate the manufacture of the silk goods. Between the 30th July and 13th NOV. 1945, the accused persons supplied 384 yards only of woven silk and about 860 yards of woven silk remained outstanding. The case for the prosecution further was that in spite of demands made by the complainant the accused did not supply the balance of the silk material, nor did they return the unused silk yarn. On the other hand, they removed their machineries and all goods from their Mills without giving any intimation that they were doing so, or without giving the complainant any intimation of their subsequent office address.

(3.) The two accused persons ware summoned and placed on their trial. After evidence had been recorded, the Magistrate framed a charge Under Section 406 of the Penal Code against both the accused persons to the effect that they had committed breach o trust in respect of the balance of the silk yarn entrusted to them and also in respect of the sum of money advanced to them.