- (1.) THIS is a reference made under Section 488, Criminal P. C. by the Additional Sessions Judge, West Godavari, Division, Eluru, to set aside the order of the 1st Addl. Judicial First Class Magistrate, Eluru returning the complaint under Section 201 (1), Criminal P. C. for presentation to the proper Court.
(2.) THE complaint with the following material allegations was filed before the Magistrate.
(3.) THE complainant is a resident of Eluru and Proprietor of a cloth shop carrying on business of cloth while the accused is a clerk employed by him and entrusted with the care of various articles in the shop like sarees, shirting and other cloth. He is also entrusted with the duties of maintaining the accounts and conducting sales in the shop. The accused, on the pretext of seeing some of his relatives at Vijayawada, who were bereaved, left the shop of the complainant He went to Vijayawada, purchased cloth worth Rs. 1,542-53 Ps. on 12-7-1966 from certain merchants at Vijayawada on behalf of the complainant. He took delivery of part of the said stock and the remaining, he caused to be sent to Eluru along with 5 bills. The said stock was however, returned to the complainant to the various owners from whom the accused had purchased. Out of the 5 bills made out in the name of the complainant, it was stated in the complaint that the stock pertaining to Bill No. 5328 from Potti Tandava Sreekriahnarao and M. Narayana Kao and Bill No. 7984 from Sri Krishna and Co. , which were separately packed and entrusted to this accused, were taken in person by the accused to be delivered to the complainant. . . The accused has not given delivery of the stocks to the complainant. As a result of this Act of the accused, the complainant had incurred a loss of Rs. 388-74 Ps. which was dishonestly and wrongfully caused by the accused. The accused admitted that he has brought the above two bundles with him and promised to return them to the complainant or to make good the value thereof to the complainant, but has been adopting various dilatory tactics and till now ha has not returned any of them. . . The. accused requested the complainant personally not to take any drastic action for the misappropriation of this stock he brought from Vijayawada and promised to make good the value of the two parcels brought from Potti Tandava Sree. Krishna Rao and M. Narayana Rao and Sri Krishna and Co. , Vijayawada. ";