GENERAL MANAGER KALEESWARAR MILLS Vs. SAVANI TRANSPORT PVT LTD

JUDGEMENT

(1.) THE revision petition has been preferred against the order of the learned Additional First Class Magistrate, Coimbatore, passed in C. M, P. 1133 of 1978 dismissing that petition filed by the General Manager of the Kaleeswarar Mills, Coimbatore, representing the Tamil Nadu Textile Corporation Ltd. and Custodian of the Kaleeswarar Mills, Coimbatore for suitable orders exonerating him from the criminal proceedings by the respondent as he was not competent to represent the first accused company. The learned Additional First Class Magistrate while dismissing that petition has observed that since the private complaint preferred against tie Kaleeswarar Mills by the Savani Transport Pvt. Ltd. the respondent herein, was for certain offences committed it regard to certain goods entrusted to the Kaleeswarar Mills Ltd. , and even now the goods formed part of fee assets of the pre-sent management, namely, the General Manager of the Kaleeswarar Mills representing the Tamil Nadu Textile Corporation Ltd. is equally culpable for the cheating and misappropriation in respect of the goods as they bad not paid for the same and since under Section 4 (1) of the Sick Textile Undertakings Act, 1972, the whole assets vest with the present management, the present management have to account for the goods received op credit and pay for the same and cannot take advantage without Paying for the same and are equally liable to account and for payment towards the goods in their hands now and as such substitution for the accused-company was justified as they are the custodian of the property now and he ordered the present management to be the first accused in the case.

(2.) IT is contended now in this revision proceedings that the aforesaid order of the learned Magistrate and the abovesaid findings of his are erroneous and illegal.

(3.) THE respondent filed a private complaint before the Additional First Class Magistrate, Coimbatore against the Kaleeswarar Mills Ltd. and its directors accused 2 to 9 alleging offences under Sections 403, 405, 420 and 112 I. P. C. It is alleged in the complaint that under L. A. 55 and 56 dated 3-1-1971 Messrs. Pannalal Hiralal and Co. , Akola, consigned 50 bales of cotton 1007 quality through the complainant with an intimation to deliver the same to the first accused against payment of all goods by the first accused through bankers and the goods were sent by the complainant through one of their agents in lorry No. MDS 5283 and the first accused toot delivery of the goods from the lorry transport but without paying for the same and without the complainant's knowledge or consent, and subsequently when a demand was made by the lorry driver to the first accused company for payment of or redelivery of the goods, the first accused sent 22 bales of 1007 quality and 25 bales of TRT cotton bearing press mark M4-71 Zoda cotton of Tirupur of inferior quality. It also appears that C. M. P. 95/73 was also filed by the respondent requesting the court to amend the cause title and description of the first accused by incorporating after the name of the first accused in words "represented by the Authorised Controller, Tamilnadu Textile Corporation. "