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In Re: William PlyThe Perrett - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in105Ind.Cas.448
AppellantIn Re: William PlyThe Perrett
Cases ReferredSegu Balliah v. Ramasamiah
Excerpt:
penal code (act xlv of 1860), section 406 - presidency towns insolvency act (iii of 1909), section 103--criminal breach of trust by insolvent of property entrusted--prosecution under penal code, sustainability of. - 1. we think that the conviction is right. the evidence is clear that the furniture was entrusted to the appellant by the official assignee for the purpose of continuing his business and that, in breach of trust, the appellant disposes of it to various other persons. it is urged that the offences committed fell under section 103 of the presidency towns insolvency act and that the jurisdiction of the magistrate was thereby excluded. assuming that the facts proved do amount to an offence under section 103(6)(2) of the presidency towns insolvency act, which is not clear, we do not think that the magistrate had no jurisdiction, vide segu balliah v. ramasamiah 42 ind. cas. 608 : 6 l.w. 283 : 18 cri. l.j. 992.2. the sentence is not excessive. the appeal is dismissed.
Judgment:

1. We think that the conviction is right. The evidence is clear that the furniture was entrusted to the appellant by the Official Assignee for the purpose of continuing his business and that, in breach of trust, the appellant disposes of it to various other persons. It is urged that the offences committed fell under Section 103 of the Presidency Towns Insolvency Act and that the jurisdiction of the Magistrate was thereby excluded. Assuming that the facts proved do amount to an offence under Section 103(6)(2) of the Presidency Towns Insolvency Act, which is not clear, we do not think that the Magistrate had no jurisdiction, vide Segu Balliah v. Ramasamiah 42 Ind. Cas. 608 : 6 L.W. 283 : 18 Cri. L.J. 992.

2. The sentence is not excessive. The appeal is dismissed.


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