CHELLOOR MANKKAL NARAYAN ITTIRAVI NAMBUDIRI Vs. STATE OF TRAVANCORE COCHIN

JUDGEMENT

(1.) This appeal, which has come before us on special leave, is directed against a Judgment of the High court of Travancore-Cochin dated July 16, 1951 passed in Criminal Appeal No.194 of 1950, by which the learned Judges set aside an order of acquittal made in favour of the appellant by the Special Magistrate, Trichur, in C.C.No.1 of l125 M.E. and converting it into one of conviction under S. 389, Cochin Penal Code (corresponding to S. 409, Indian Penal Code ) sentenced him to undergo rigorous imprisonment for a period of one year and pay a fine of Rs. 1,000; in default of payment of fine, he was to suffer rigorous imprisonment for a further term of four months.

(2.) It may be mentioned here that the appellant, who has been described as accused No. 1 in the judgments of both the courts below, was tried along with two other persons as his co-accused by the Special Magistrate of Trichur, who made an order of acquittal in favour of all of them. The State Government preferred an appeal to the High Court challenging the property of the entire order . The High Court dismissed the appeal so far as it related to accused Nos. 2 and 3 and reversed the judgment of the original court in regard to accused No. 1, who is the sole appellant before us.

(3.) The material facts necessary for purposes of the present appeal may be briefly narrated as follows. The appellant and accused No. 2 Ramachandra Iyer were appointed joint receivers of a textile business, known as Sitaram Spinning and Weaving Mills Limited (hereinafter referred to as the mills), situated at Trichur, under an order of the High Court of Cochin passed in O.S.No.2 of l123 M.E. The order of appointment was made on13-2-1948 and it conferred on the receivers all powers of management according to the Articles of Association of the Mil1s. They were to keep regular accounts and submit monthly statements of receipts and disbursements on the 10th day of every English calendar month. Shortly before the date that this order was passed, the control on textile goods that existed since 1943 was withdrawn by the Government. The control of prices however was continued till the end of April 1948 and after that, there was, strictly speaking, no fixed rates at which textile goods were to be sold compulsorily by the manufacturers.