NANDLAL LAKHOTIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The order taking cognizance and issuance of process dated 21-4-1999 has been impugned by the petitioner in this application under Section 482 of the Code of Criminal Procedure.

(2.) One Dhiraj Lal D. Mehta, one of the partners of Bharat Tractor House filed a complaint in the Court of the Chief Judicial Magistrate, Patna alleging, inter alia that being a working partner of the firm the petitioner has committed criminal breach of trust by dishonestly preparing false stock position and thereby misappropriating certain amount of the firm.

(3.) According to the complaint petition, the complainant and the petitioner constituted a firm known as M/s. Bharat Tractor House. The fund was provided by both the partners on the basis of equal share in the profit and loss. Earlier agreement dated 15-8-1974 executed by the partners of the firm was modified with consent and a fresh partnership deed was brought in existence on 27-3-1992. As per this agreement of March, 1992 the petitioner became the working partner and was actively and solely engaged in conducting the affairs of business of the firm. Being a working partner he was also being paid remuneration at the rate of one thousand per month for his work in the firm. This remuneartion was by way of salary irrespective of profit and loss of the firm as contemplated in clause (b) of the partnership deed. He was entrusted with the properties including raw materials, cash and for that he had to maintain the stock position and cash book showing income and expenditure of the firm. He was to deposit the money of the firm in the account of the firm at Canara Bank.