L.D. KHANNA Vs. SURINDER GILL

JUDGEMENT

(1.) THIS is a revision filed by L.D. Khanna petitioner against the charge under section 409 of the Indian Penal Code framed against him by the Additional Chief Judicial Magistrate, Chandigarh, vide his order dated 30th July, 1984.

(2.) THE facts which gave rise to this petition are as follows. Surinder Gill respondent is a partner of two sister concerns, namely, Messrs Gilco Industries, Industrial Estate, Chandigarh, and Sidh Sons, Industrial Area, Chandigarh. Both these concerns are registered partnership firms. These concerns manufacture electrical appliances, i.e., geysers washing machines and room coolers. The petitioner L.D. Khanna deals in electrical appliances as a retail dealer at Jalandhar. His show-room is located on the G.T. road, Jalandhar. That concern is known by the name and style of Messrs G.D. Khanna and Sons. L.D. Khanna petitioner is also the resident director of Messrs Edison Lightcraft Private Limited at Jalandhar.

(3.) IT is in evidence that L.D. Khanna petitioner entered into an agreement with Messrs Gilco Industries and Sidh Sons as a local director of Messrs Edison Lightcraft Private Limited. The received the goods receipts directly at Jalandhar and also received the goods in question directly from Messrs Gilco Industries. The hundis for payment of the amounts were also issued by L.D. Khanna in his capacity as such. While summoning the petitioner the learned trial Magistrate held that city is stood proved that Messrs Edison Lightcraft Private Limited entered into an agreement to receive electrical goods manufactured by Messrs Gilco Industries and Sidh sons for the purpose of sale in their show-room at Jalandhar and executed hundis for payment of the amount received by the sale of goods entrusted to Messrs Edison Lightcraft Private Limited through the petitioner and that the goods were entrusted to the petitioner but the petitioner embezzled the same while paragraph 6 of the order of Additional Chief Judicial Magistrate dated 30th July, 1984, framing the charge reads as under : "From the evidence discussed above it is established that complainant is a partner of Messrs Gilco Industries and Messrs Sidh Sons. An agreement was executed between Messrs Gilco Industries and M/s Sidh Sons and between M/s. Edison Light Craft Limited, Chandigarh. In accordance with the agreement goods were entrusted by M/s. Gilco Industries to the accused for further sale and price of the goods was to be paid by M/s. Edison Light Craft Private Limited and L.D. Khanna accused was incharge of M/s. Edison Light Craft Pvt. Limited. The price of the goods was not paid by L.D. Khanna and thus approximately an amount of Rs. 84,000/- been embezzled." So, the crux of the summoning order and the order framing the charge is that the goods were entrusted to the petitioner by Messrs Gilco Industries and Messrs Sidh Sons for sale on their behalf.