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Narayanasawmi Chetty Complainant Vs. Vadivelu Chetty and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.726
AppellantNarayanasawmi Chetty Complainant
RespondentVadivelu Chetty and anr.
Excerpt:
complaint, nature of - case of civil nature. - orderabdur rahim, j.1. i think the order of the magistrate dismissing the complaint must be set aside. the complaint, as i read it, alleges that the 1st accused who was employed by the firm to sell the bags and make over the sale-proceeds to a creditor of the firm sold the bags and he and the 2nd accused together misappropriated the money with a view to cause 'wrongful loss to the firm and gain to themselves. if the allegation is made out the two accused are guilty of offences of criminal breach of trust and criminal misappropriation. the magistrate must be directed to inquire further into the complaint.
Judgment:
ORDER

Abdur Rahim, J.

1. I think the order of the Magistrate dismissing the complaint must be set aside. The complaint, as I read it, alleges that the 1st accused who was employed by the firm to sell the bags and make over the sale-proceeds to a creditor of the firm sold the bags and he and the 2nd accused together misappropriated the money with a view to cause 'wrongful loss to the firm and gain to themselves. If the allegation is made out the two accused are guilty of offences of criminal breach of trust and criminal misappropriation. The Magistrate must be directed to inquire further into the complaint.


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