BHAWANI SHANKAR BAGARIA Vs. DEBABRATA GHOSH

JUDGEMENT

(1.) This application under Section 482 of the Criminal Procedure Code is directed against the order dated 17-12-1978 passed by the learned Judicial Magistrate, 1st Class, Dibrugarh. By the aforesaid order the learned Magistrate framed charge against the two petitioners herein under Section 409 of Indian Penal Code. The complaint petition was filed by the Manager of the Tea Estate against the two petitioners and after examination of two witnesses charge was framed. Briefly stated, the case as disclosed in the complaint petition is that two petitioners managed the affairs of the firm known as Mis Giridharilal Sardarmall and the said !inn has got business in the District of Dibrugarh and other places in Assam. The said firm has got an establishment in the tea garden and from many years passed, it has been discharging duties entrusted by the tea garden. The garden used to issue cheques from time to time to the said firm and the garden used to draw money from the firm as and when required. For this purpose the firm used to get commission from the garden. It Pas been alleged that on 25th, 26th, 27th and 28th June, 1974 the garden sent indents for money amounting to Rs. 6,000/- and odd; but the firm failed to pay the amount. According to the complainant, a sum of Rs. 71,000/- and odd was in the custody of the firm on behalf of the garden. The complainant has urged that the two petitioners herein in collusion with each other dishonestly and fraudulently misappropriated the said sum of. Rs. 7 1,000/- and odd entrusted to the firm.

(2.) Two witnesses were examined on behalf of the complainant and four documents were exhibited. On the basis of these materials charge was framed by the learned trial court.

(3.) By the present petition, the petitioners have prayed for quashing the impugned order. It has been averred that the ingredients necessary to constitute offence under Section 409 of the Indian Penal Code have not been made out and that the present dispute is of civil nature. It has been specifically stated in the present petition that for realisation of the above sum, a civil suit is pending before the learned Asstt. District. Judge.