, 2009 ((1) )ALT(Cri)1 , 2009 (1 )ALT(Cri)1 , IV (2008 )BC622 (SC ), IV (2008 )BC622 (SC ), I (2008 )CCR354 (SC ), [2008 ]142 CompCas228 (SC ), 2008 CriLJ2256 , 2008 (1 )ECrN (NULL ) 1358 , 2008 INSC 202 , JT2008 (2 )SC 540 , 2008 -2 -LW(Crl)1252 , (2008 )39 OCR905 , 2008 (2 )RCR(Criminal)79 , 2008 (2 )SCALE523 , (2008 )5 SCC662 , [2008 ]2 SCR1088 , ,MANU/SC/7162/2008
S.B. Sinha#V.S. Sirpurkar#2245SC2240Judgment/OrderAIR#ALD(Cri)#Allahabad Criminal Cases#ALT (Criminal)#ALT (Criminal)#BC#BC#CCR#CompCas#CriLJ#ECrN#INSC#JT#LW(Criminal)#MANU#OCR#RCR (Criminal)#SCALE#SCC#SCRS.B. Sinha,SUPREME COURT OF INDIA2012-9-24Dishonestly misappropriates,Punishment for criminal breach of trust,Offences against Property,Wilfully suffers any other person so to do,Punishment for criminal breach of trust,Offences against Property,Partner of firm,Punishment for criminal breach of trust,Offences against Property,Common Intention : Proof,Acts done by several persons in furtherance of common intention,General Explanations,Directors of a company cannot be prosecuted without impleading the company,Person,General Explanations,Directors of a company cannot be prosecuted without impleading the company,Person,General Explanations,Vicarious liability,Title and extent of operation of the Code,Introduction,Offences by Legal Persons,Remedial and Penal Statutes,Mens Rea Under the Indian Penal Code,Remedial and Penal Statutes,Interpretation of Statutes,Indian Penal Code16247,16683,16682,17483,16246,26945 -->
MANU/SC/7162/2008
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 317 of 2008 (Arising out of SLP (Crl) No. 4661 of 2007)
Decided On: 15.02.2008
Appellants: S.K. Alagh Vs. Respondent: State of U.P. and Ors.
Hon'ble Judges/Coram:
S.B. Sinha and V.S. Sirpurkar JUDGMENT
S.B. Sinha, J.
1. Leave granted.
2. M/s. Akash Traders was an Area Wholesale dealer of Britannia Industries Limited (the Company) for Azamgarh, U.P. Dealership of Respondent No. 2 was terminated by the said company. It was earlier informed that goods will be delivered only upon receipt of demand drafts issued by it. Complainant sent two demand drafts for a sum of Rs. 18,000/- and Rs. 1,50,000/- for supply of goods on 14.9.2000 despite the fact that the dealership had been terminated earlier. The said demand drafts were sent to the appellant through the local Sales In-charge of the Company. It is stated that the complainant refused to take the same back.
A new Area Wholesaler for Azamgarh was appointed by the company.
3. A demand was made by the complainant to deliver goods by a letter dated 24.9.2000 stating that the company owes him a sum of Rs. 1,00,000/-. The stand of the company that his dealership had been terminated was reiterated by a letter dated 25.9.2000.
Ashok Kumar Aggarwal, purported to be the proprietor of the firm M/s. Akash Traders, filed a complaint petition in the court of Chief Judicial Magistrate, Azamgarh against the appellant herein for commission of an offence under Section 406 of the Indian Penal Code. Britania Industries Ltd. was not impleaded as an accused therein. On or about 17.2.2001, i.e., after filing of the complaint petition, the dealer accepted the said demand drafts being dated 8.1.2002 for a sum of Rs. 1,68,000/-. On or about 25.2.2001, Ashok Kumar Aggarwal, the original complainant expired. A