1938 JTR(Mad) 390
1940 AIR(Mad) 265
IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
Mandavalli Satyanarayanamurthi
Versus
Kotha Manikyala Rao
Decided On : 30.11.1938
A partner can be convicted of criminal breach of trust under certain circumstances.
Criminal Breach of Trust - Partner - The court held that a partner can be convicted of criminal breach of trust under certain circumstances, overturning the erroneous view of the Joint Magistrate and ordering a retrial.
Fact of the Case:
The Joint Magistrate's view that a partner cannot be convicted of criminal breach of trust was deemed erroneous and the order of acquittal was set aside, leading to a retrial.
Finding of the Court:
The court found the Joint Magistrate's view to be erroneous and ordered a retrial in accordance with the law.
Issues: The erroneous view of the Joint Magistrate regarding the conviction of a partner for criminal breach of trust.
Ratio Decidendi: A partner can be convicted of criminal breach of trust under certain circumstances.
Final Decision: The order of acquittal was set aside and a retrial was ordered by the court.
Criminal Breach of Trust - Partner - The court held that a partner can be convicted of criminal breach of trust under certain circumstances, overturning the erroneous view of the Joint Magistrate and ordering a retrial.
Fact of the Case:
The Joint Magistrate's view that a partner cannot be convicted of criminal breach of trust was deemed erroneous and the order of acquittal was set aside, leading to a retrial.
Finding of the Court:
The court found the Joint Magistrate's view to be erroneous and ordered a retrial in accordance with the law.
Issues: The erroneous view of the Joint Magistrate regarding the conviction of a partner for criminal breach of trust.
Ratio Decidendi: A partner can be convicted of criminal breach of trust under certain circumstances.
Final Decision: The order of acquittal was set aside and a retrial was ordered by the court.
ORDER
Lakshmana Rao, J.
1. The view of the Joint Magistrate that a partner cannot be convicted of criminal breach of trust under any circumstances is erroneous and the order of acquittal cannot be sustained. It is therefore set aside and there will be a retrial in accordance with law by such other Magistrate aa the District Magistrate may direct.