MOTI LAL BISWAS Vs. EMPEROR

JUDGEMENT

(1.) The appellant before us Motilal Biswas has been convicted by the learned Chief Presidency Magistrate under Section 103, Presidency Towns Insolvency Act, and has been sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1,000 in respect of each of the three counts, the substantive sentences being directed to one concurrently. So far as the question of the imposition of the fines is concerned, that portion of the order is clearly wrong and must be set aside, because it will appear from a reference to Section 103 of the Act that there is no provision made for the imposition of any fine. That being so, as indicated above, the portion of the Magistrate's order imposing a fine of Rs. 1,000 in respect of each count must be set aside.

(2.) It appears that the appellant before us formerly, that is, prior to 1329 B.S. carried on business in the name of Bepin Chandra Motilal. He was a partner in the firm, the other partner being his brother Bepin Chandra. The two brothers quarrelled and separated and the accused startid a new business in the name of Motilan Monindranath Biswas, Monindranath Biswas being the name of his minor son. That business was in scented oils, patent medicines, biscuits and stationery, and it is said that the firm had no business of any description whatsoever in galvanized screws. Apparently the appellant did not do well in his business and it appears that he experienced considerable difficulties in meeting the claims of his creditors. It is said that his creditors assembled one evening in front of the place of his business and continued to press him for payment of their dues. The creditors were not paid and on the following day the appellant closed his doors. He then went to the Court of the District Judge of Faridpur and applied for relief under the Provincial Insolvency Act. Certain creditors in Calcutta coming to know of these proceedings in Faridpur applied to the learned Judge on the original side exercising the insolvency jurisdiction of this Court for transfer of the proceedings to this Court. It appears that the learned Judge on the original side being satisfied that this was a case which ought to be transferred to this Court made the order applied for and accordingly transferred the proceedings to this Court.

(3.) Thereafter there was an order made for the public examination of the insolvent under the provisions of Section 27, Presidency Towns Insolvency Act. The record of that examination has been tendered in evidence in this case and is Ex. 5. Subsequently it appears that the insolvent was also examined under Section 36 of the Act, the record of that subsequent examination being Ex. 6.