DEBI BUX SHROFF Vs. JUTMAL DUNGARWAL

JUDGEMENT

(1.) In this matter we called up the record and issued a Rule to show cause why the order of the Chief Presidency Magistrate, Calcutta, dated the 23 April 1906, dismissing the complaint of the petitioners should not be set aside on the ground that the proceedings taken before him were not in accordance with law.

(2.) The petitioners presented their petition of complaint in the Court of the Chief Presidency Magistrate accusing the defendant of criminal breach of trust. Their allegations were that they had entered into a deed of partnership with the accused and they had arranged that they should carry on the partnership business, the defendant receiving a third share of the profits. The defendant was also to get the sum of Rs. 40 a month in the meantime and until the accounts were adjusted. The defendant drew various sums of money in all exceeding what he was entitled to at Rs. 40 a month and hence the complaint was lodged.

(3.) On the complaint being lodged the Chief Presidency Magistrate directed an investigation by the Police under Section 202 the Code. The Police in accordance with the order of the Chief Presidency Magistrate made enquiries of the defendant and asked him to explain his conduct. There is nothing in Section 2/2 to prevent an investigating officer from making a full enquiry by obtaining information from the complainant and his witnesses and the defendant and his witnesses, if any.