NARAYANASAWMI CHETTY COMPLAINANT Vs. VADIVELU CHETTY

JUDGEMENT

(1.) I think the order of the Magistrate dismissing the complaint must be set aside. The complaint, as I read it, alleges that the 1 accused who was employed by the firm to sell the bags and make over the sale-proceeds to a creditor of the firm sold the bags and he and the 2nd accused together misappropriated the money with a view to cause "wrongful loss to the firm and gain to themselves. If the allegation is made out the two accused are guilty of offences of criminal breach of trust and criminal misappropriation. The Magistrate must be directed to inquire further into the complaint.