STATE OF PUNJAB Vs. RAMESH KUMAR

JUDGEMENT

(1.) ON 2-4-1981 Amrit Lal, a partner of M/s Ramesh Kumar and Company, Qadin, District Gurdaspur made a complaint to the Senior Superintendent of Police, Gurdaspur in writing alleging that he and Ramesh Kumar son of Mulakh Raj were partners of a firm M/s Ramesh Kumar and Company, Railway Road, Qadin. This firm was dissolved on 5-1-1981 vide a dissolution deed executed by the partners. Ramesh Kumar was given all his capital as appearing in the account-books of the firm upto 5-1-1981 and Amrit Lal was free to continue the business of the firm either individually or in partnership with some other person. On the same day another partnership deed was executed whereby Mulkh Raj son of Charan Dass became the partner with Amrit Lal and the firm started business under the name of M/s Ramesh Kumar and Company. After dissolution of the partnership Ramesh Kumar had nothing to do with the business of the firm. The new partners had deposited a sum of Rs. 25,000/- as security amount vide Bank Draft No. 18839 dated 2-8-1981 with the District Manager, Food Corporation of India, Gurdaspur by way of security for the paddy milling contract. Ramesh Kumar fraudulently with the intention to cause financial loss to the partners of the new firm obtained a cheque for Rs. 25,000/- from the District Manager, Food Corporation of India, Gurdaspur on behalf of the firm of the petitioner and obtained payment from State Bank of India, Gurdaspur on 30-3-1981. He misrepresented to the Manager, Food Corporation of India with the intention and motive to defraud the new firm. On the basis of this complaint a case under Sections 420, 468 and 471 of Indian Penal Code was registered against Ramesh Kumar at Police Station, City Gurdaspur. Investigation in the case was made and challan was presented in the Court of Shri D.S. Chhina, the learned Chief Judicial Magistrate, Gurdaspur.

(2.) THE respondent was charged for the offences mentioned above to which he pleaded not guilty. In his statement under Section 313 Cr. PC. he contended that there was no dissolution of partnership and he was still a partner of the Arm. He admitted that he opened account with State Bank of India, Gurdaspur and deposited a cheque for Rs. 25,000/- in his account. According to him this amount was deposited with Food Corporation of India by him and he was entitled to withdraw the same. In his defence he examined his own brother.

(3.) AFTER perusing the evidence and hearing the councel for the parties the learned trial Court found that the matter required investigation by the Civil Court and it could not be said that the respondent had committed any offence as alleged by the prosecution. The respondent was, therefore, acquitted vide judgment dated 23-1-1984 which has been assailed by the State of Punjab by means of this appeal.