MISTRY JETHABHAI NANJIBHAI Vs. BIPINCHANDRA PARSHOTTAM
LAWS(GJH)-1966-9-24
HIGH COURT OF GUJARAT
Decided on September 02,1966

MISTRY JETHABHAI NANJIBHAI Appellant
VERSUS
BIPINCHANDRA PARSHOTTAM Respondents

JUDGEMENT

V.B.RAJU, J. - (1.) THIS is an application under sec. 561A of the. Criminal Procedure Code. The application contains a prayer that the charge framed against the applicant should be quashed. The charge was framed under sec. 406 of the Indian Penal Code. Even op the basis of the com- plaint the applicant is the managing partner of the firm. The allegation in the complaint is in respect of a sum of Rs. 10 0 which was realised during the business of the firm. A charge of misappropriation cannot lie in respect of one item of money received by a managing partner of a partnership business as what amount is due to various. persons and what is due from them can be settled by taking accounts. Before the accounts are taken there cannot be a criminal complaint of misappropriation. of a sum admittedly received during the partnership unless there is evidence to show that the amount of Rs. 10 0 Was specially entrusted to the applicant. There is no such allegation in the complaint that the sum of Rs. 10 0 was specially entrusted. The charge framed is therefore quashed and the proceedings are terminated. Appeal allowed.;


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