AMAR CHAND AGARWALLA Vs. SHANTI BOSE
LAWS(SC)-1972-12-1
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on December 22,1972

AMAR CHAND AGARWALLA Appellant
VERSUS
SHANTI BOSE Respondents


Referred Judgements :-

R P KAPUR VS. STATE OF PUNJAB [RELIED UPON]
JAMATRAJ KEWALJI GOVANI VS. STATE OF MAHARASHTRA [RELIED UPON]



Cited Judgements :-

RAJENDRA LAL MUKHERJEE VS. JNANENDRA NATH MAJUMDAR AND STATE [LAWS(CAL)-1984-6-26] [REFERRED TO]
NAGINA VS. BASANT LAL [LAWS(ALL)-1984-11-56] [REFERRED TO]
SHAMJI NARAN AIYER VS. STATE OF GUJARAT [LAWS(GJH)-2015-11-90] [REFERRED TO]
MANJU VS. VINOD KUMAR [LAWS(ALL)-1987-5-45] [REFETRRED TO 5.]
ARVIND BALASHANKER JOSHI VS. STATE OF GUJARAT [LAWS(GJH)-1990-6-8] [REFERRED]
Y BANUMOORTHY VS. R JANAKIRAMAN [LAWS(MAD)-2006-3-237] [REFERRED TO]
CHAMAN LAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-9-107] [REFERRED TO]
SURJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1983-9-18] [REFERRED TO]
R.MARIMUTHU VS. STATE [LAWS(MAD)-2016-9-74] [REFERRED TO]
SAMUEL @ SAMU VS. STATE OF KERALA [LAWS(KER)-2017-11-184] [REFERRED TO]
TAPAN KUMAR RAY VS. SUSIL KUMAR PRADHAN [LAWS(ORI)-1991-2-25] [REFERRED TO]
TAPAN KUMAR RAY VS. SUSIL KUMAR PRADHAN [LAWS(ORI)-1991-2-26] [REFERRED TO]
STATE OF ORISSA VS. NAKULA SAHU [LAWS(SC)-1978-11-19] [FOLLOWED]
MOHAN SINGH VS. MALIA [LAWS(RAJ)-1974-8-11] [REFERRED TO]
SHER SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1976-11-49] [REFERRED TO]
KALIDAS BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2004-1-27] [REFERRED TO]
JAGDISH B RAO VS. GOVT OF UNION TERRITORY OF GOA, DAMAN AND DIU [LAWS(BOM)-1975-8-48] [REFERRED]
SAIYED AHMED VS. RATAN CHAKLADAR & ORS. [LAWS(CAL)-1978-6-47] [REFERRED TO]
ZAKIA AHSAN JAFRI VS. SPECIAL INVESTIGATION TEAM - SIT [LAWS(GJH)-2017-10-47] [REFERRED TO]
DIGAMBAR BABURAO INGAVALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-2-101] [REFERRED TO]
RAJANIKANTA MEHETA VS. STATE OF ORISSA [LAWS(ORI)-1976-2-5] [REFERRED TO]
NISAKAR ROUT VS. INDRAMANI DAS [LAWS(ORI)-1986-7-26] [REFERRED TO]
K N SADAGOPAN VS. T C GOVINDARAJAN [LAWS(MAD)-1997-8-49] [REFERRED]
MUNNALAL VS. STATE OF M P [LAWS(MPH)-2017-8-262] [REFERRED TO]
MANOJ KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2019-4-162] [REFERRED TO]
SHRI RAJ KUMAR VS. SHRI SHAMSHER SINGH [LAWS(HPH)-2017-8-110] [REFERRED TO]
KISHORI LAL VS. STATE OF H.P. [LAWS(HPH)-2017-9-5] [REFERRED TO]
BHAGAT RAM AND ANR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-11-198] [REFERRED TO]
BIDHI CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-3-72] [REFERRED TO]
MADAN KUMAR AND ANR. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-3-260] [REFERRED TO]
BHERU SINGH VS. STATE OF RAJ. [LAWS(RAJ)-2013-5-149] [REFERRED TO]
AMAR KAUR VS. HARI SINGH [LAWS(P&H)-1982-4-24] [REFERRED TO]
DUNI CHAND VS. SAVITRI DEVI [LAWS(P&H)-1983-8-31] [REFERRED TO]
MOHAR ALI AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-1973-11-27] [REFERRED TO]
PARESH CHATURDAS PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2009-1-63] [REFERRED TO]
VISHNU KURTIKAR VS. STATE OF GOA [LAWS(BOM)-2009-8-174] [REFERRED TO]
GORAKHNATH NAI VS. STATE OF C.G. [LAWS(CHH)-2014-6-26] [REFERRED TO]
SONS P WALVEKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-10-3] [REFERRED TO]
PANCHANAN PAL, DR VS. STATE OF WEST BENGAL [LAWS(CAL)-1975-7-52] [REFERRED]
BHAGWAN DAS VS. STATE [LAWS(APH)-1987-7-52] [REFERRED TO]
T L VEDACHALAM VS. STATE [LAWS(MAD)-2007-11-271] [REFERRED TO]
AHAMMED PILLAY VS. DANIEL [LAWS(KER)-1987-1-38] [REFERRED TO]
KALI CHARAN GOUDA AND ORS. VS. TARA SANKAR ACHARYA AND ORS. [LAWS(ORI)-1989-10-13] [REFERRED TO]
SUN BRIGHT EXPORTERS PARTNERSHIP FIRM VS. SRINIVASA RAO [LAWS(MAD)-2010-4-92] [REFERRED TO]
A RAVISHANKAR PRASAD VS. STATE [LAWS(MAD)-2008-4-138] [REFERRED TO]
MOHANLAL KARMAKAR VS. STATE OF ASSAM [LAWS(GAU)-2023-7-15] [REFERRED TO]
G.D.KATARIA VS. AVL LEASING & FINANCE LTD. [LAWS(DLH)-2021-2-2] [REFERRED TO]
JAGMIT SINGH VS. SONIA SINGH [LAWS(DLH)-2022-2-128] [REFERRED TO]
RAKESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-12-10] [REFERRED TO]
MUNISH GHAI VS. JAGJEEVAN VERMA [LAWS(HPH)-2018-11-105] [REFERRED TO]
LOCHAN VS. RAJINDER KUMAR [LAWS(HPH)-2018-11-139] [REFERRED TO]
SARAVJIT MALHOTRA VS. LIC HOUSING FINANCE LIMITED AND ANOTHER [LAWS(HPH)-2018-12-29] [REFERRED TO]
SARAVJEET MALHOTRA VS. LIC HOUSING FINANCE LIMITED [LAWS(HPH)-2018-12-31] [REFERRED TO]
TARA DEVI VS. PREM CHAND AND OTHERS [LAWS(HPH)-2018-2-31] [REFERRED TO]
SANTOSH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-3-75] [REFERRED TO]
SHARDA DEVI VS. PRAVEEN ALIAS ANU AND OTHERS [LAWS(HPH)-2018-4-160] [REFERRED TO]
KULWINDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-8-47] [REFERRED TO]
HARBHAJAN SINGH VS. STATE OF H.P. [LAWS(HPH)-2001-10-30] [REFERRED TO]
GHANSHYAMBHAI MADAVLAL PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2014-12-189] [REFERRED TO]
JAGRUP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1983-8-51] [REFERRED TO]
DAL CHAND VS. STATE OF HARYANA [LAWS(P&H)-1983-9-22] [REFERRED TO]
SATYENDRA SINGH VS. STATE OF BIHAR [LAWS(PAT)-2001-6-52] [REFERRED]
MANIJAN BIBI VS. NAMEIRAKPAM MANGI SINGH [LAWS(GAU)-1987-7-2] [REFERRED TO]
GORLA SIVAMMA VS. MARRI SRINIVASA RAO SIVAIAH [LAWS(APH)-2020-3-72] [REFERRED TO]
PARMOD KUMAR VS. STATE [LAWS(DLH)-2021-2-55] [REFERRED TO]
BARUN KUMAR VS. STATE OF NCT OF DELHI [LAWS(DLH)-2021-6-87] [REFERRED TO]
MANJOO SRIVASTAVA VS. STATE OF U P [LAWS(ALL)-1985-3-42] [REFERRED TO]
VELUSAMY VS. PP DURAISAMY [LAWS(MAD)-2004-9-186] [REFERRED TO]
S. SUKUMARAN, VS. STATE REP. BY THE SUB-INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, EGMORE, CHENNAI-600008 [LAWS(MAD)-1999-12-110] [REFERRED TO]
KRISHNAN VS. KUNHAMBU NAIR [LAWS(KER)-1984-2-28] [REFERRED TO]
ABHILASH S/O UDAY NARAYAN DIXIT VS. STATE OF M P THROUGH STATION INCHARGE [LAWS(MPH)-2017-10-126] [REFERRED TO]
MADAN KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(MPH)-2018-3-215] [REFERRED TO]
P.P.KAUSHIK VS. STATE OF H.P. [LAWS(HPH)-1998-5-13] [REFERRED TO]
VARINDER SUD VS. STATE OF H.P. [LAWS(HPH)-2004-1-11] [REFERRED TO]
BALDEV SINGH RANA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-9-38] [REFERRED TO]
MOHINDER SINGH AND ANOTHER VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-5-184] [REFERRED TO]
JIWAN LAL VS. KULDEEP AND ANOTHER [LAWS(HPH)-2019-3-54] [REFERRED TO]
M JAYACHANDRAN VS. STATE [LAWS(MAD)-2010-2-491] [REFERRED TO]
YADVINDER SINGH AND OTHERS VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-9-106] [REFERRED TO]
SUNIL KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-4-67] [REFERRED TO]
SASI THOMAS VS. STATE TAMIL NADU [LAWS(SC)-2006-11-135] [REFERRED TO]
VIMLA BAI OJHA VS. STATE OF M P AND OTHERS [LAWS(MPH)-2013-9-380] [REFERRED]
MOTI BAI VS. MOHAMMED SHAFI [LAWS(RAJ)-1974-8-15] [REFERRED TO]
MANPHOOL AND OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-1980-9-56] [REFERRED TO]
BENU BEHERA VS. KHETRA MOHAN SAHU AND ORS. [LAWS(ORI)-1974-7-19] [REFERRED TO]
PARKASH CHAND VS. INCOME-TAX OFFICER A-WARD [LAWS(P&H)-1980-7-4] [REFERRED TO]
BALTAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1982-12-23] [REFERRED TO]
RANPAT SINGH VS. STATE OF HARYANA [LAWS(P&H)-1983-8-35] [REFERRED TO]
ALLA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1983-9-47] [REFERRED TO]
SMT. NANU SABAR VS. CHHUTU MAHATO AND ORS. [LAWS(CAL)-2008-3-98] [REFERRED TO]
ABHIMANU PANDEY VS. STATE OF U.P. [LAWS(ALL)-2020-12-31] [REFERRED TO]
P Sumathi VS. M P Ashok [LAWS(MAD)-2002-9-219] [FOLLOWED ON]
HIRA NAND SHASTRI VS. RAM RATTAN THAKUR AND ANOTHER [LAWS(HPH)-2016-7-29] [REFERRED TO]
SK.KHUSDIL VS. STATE OF BIHAR [LAWS(JHAR)-2003-6-72] [REFERRED TO]
MUKUNDA DEV BARAL VS. SANJIB BARAL [LAWS(ORI)-1991-8-27] [FOLLOWED ON]
SRIMATI CHATI DEI VS. HEMANTA KUMAR SAHU [LAWS(ORI)-1992-3-38] [REFERRED TO]
SUSANTA KUMAR MOHARANA VS. STATE OF ORISSA [LAWS(ORI)-2013-7-24] [REFERRED TO]
STATE VS. AJIT KUMAR [LAWS(J&K)-2005-7-6] [REFERRED TO]
BANSI LAL VS. LAXMAN SINGH [LAWS(SC)-1986-7-10] [CITED]
AKALU AHIR VS. RAMDEO RAM [LAWS(SC)-1973-5-25] [RELIED UPON]
JAGDISH JUGTAWAT VS. MANJULATA [LAWS(RAJ)-2000-10-28] [REFERRED TO]
RAMESH CHANDER VS. STATE OF PUNJAB [LAWS(P&H)-1983-9-23] [REFERRED TO]
PARVEEN TANDON VS. TANIKA TANDON [LAWS(DLH)-2021-6-4] [REFERRED TO]
INDRA NATH GUHA VS. STATE OF WEST BENGAL [LAWS(CAL)-1978-11-10] [REFERRED TO]
RAJENDRA KUMAR SHAHANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-4-87] [REFERRED TO]
ANKUR GUPTA VS. STATE OF U. P. [LAWS(ALL)-2021-3-41] [REFERRED TO]
SENARAM DAS VS. KASHIRAM DAS [LAWS(GAU)-1995-3-18] [REFERRED TO]
NAVNITBHAI HARMANBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2016-2-54] [REFERRED TO]
RAKESH KUMAR & ORS VS. NISHU [LAWS(HPH)-2019-4-52] [REFERRED TO]
HUSAN SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-11-111] [REFERRED TO]
SHER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-10-23] [REFERRED TO]
SANJAY KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-4-33] [REFERRED TO]
MARUTHI YARNS VS. RAMAKRISHNA MILLS COIMBATORE LIMITED [LAWS(MAD)-2007-10-347] [REFERRED TO]
B V Leathers VS. Superintendent of Police [LAWS(MAD)-2002-7-147] [REFERRED TO]
BANDBU SAHU VS. STATE OF ORISSA [LAWS(ORI)-1985-11-16] [REFERRED TO]
N. ATHIMOOLAM VS. INCOME TAX OFFICER [LAWS(MAD)-2010-8-663] [REFERRED TO]
KALANDI CHARAN PANI VS. GANESH DALAL [LAWS(ORI)-1991-4-28] [REFERRED TO]
MANOJ KUMAR SINGH VS. NAVAL KISHORE SINGH [LAWS(PAT)-2000-4-92] [REFERRED TO]
THAKUR DAS VS. STATE OF MADHYA PRADESH [LAWS(SC)-1977-10-4] [RELIED ON]
GHISA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1975-4-16] [REFERRED TO]
KANWAR PAL SINGH GILL VS. STATE [LAWS(P&H)-1998-8-120] [REFERRED TO]
KAMAL PRASAD GIRI VS. STATE OF SIKKIM [LAWS(SIK)-2013-5-3] [REFERRED TO]
WRITER CONSTABLE 1626 DAMBER BAHADUR CHHETRI VS. STATE [LAWS(SIK)-2000-4-1] [REFERRED TO]
MUNICIPAL CORPORATION OF THE CITY OF PUNE VS. MOTILAL JAVHARMAL BAFNA [LAWS(BOM)-1988-9-32] [REFERRED TO]
AMAD NOORMAMAD BAKALI VS. STATE OF GUJARAT [LAWS(GJH)-2010-12-5] [REFERRED TO]
VIJAY DHONDIRAM KAMBLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-3-103] [REFERRED TO]
G. VENKATESAN VS. INSPECTOR OF POLICE [LAWS(MAD)-2000-4-125] [REFERRED TO]
ZOOM VISION VS. P MANICKAM [LAWS(MAD)-2001-4-98] [REFERRED TO]
UDAY NARAYAN AND ANOTHER VS. STATE OF M.P. AND ANOTHER [LAWS(MPH)-2017-10-299] [REFERRED TO]
VIJAY KUMAR SETHI VS. KANWAR BHUPINDER SINGH [LAWS(HPH)-2002-10-5] [REFERRED TO]
DAVINDER KAUR VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-7-22] [REFERRED TO]
RAJINDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-9-121] [REFERRED TO]
ROSHAN LAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-5-101] [REFERRED TO]
V P RAGHAVENDRA RAO VS. INSPECTOR OF POLICE [LAWS(MAD)-2008-10-165] [REFERRED TO]
B S Garud VS. State of Rajasthan [LAWS(RAJ)-1978-11-9] [REFERRED TO]
RAJASTHAN WOOL PROCESSORS VS. INCOME TAX OFFICER [LAWS(RAJ)-1993-11-1] [REFERRED TO]
BRAJA NAYAK VS. STATE OF ORISSA [LAWS(ORI)-1999-5-14] [REFERRED TO]
BIRENDRA KUMAR DAS VS. TULASI DEI AND ORS. [LAWS(ORI)-1978-9-6] [REFERRED TO]
STATE OF ORISSA VS. RAMESH CHANDRA MAHAPATRA AND THREE ORS. [LAWS(ORI)-1983-4-12] [REFERRED TO]
CAPTAIN RAMESH KUMAR DEEWAN VS. ASHUMA DEEWAN [LAWS(TLNG)-2023-11-95] [REFERRED TO]
STATE OF HARYANA VS. RAJMAL [LAWS(SC)-2011-11-85] [REFERRED TO]
JITENDER KUMAR GOSWAMI VS. STATE NCT OF DELHI [LAWS(DLH)-2021-2-17] [REFERRED TO]
STATE VS. N K MALHOTRA & OTHER [LAWS(ALL)-2017-8-414] [REFERRED TO]
KARALI BAURI VS. SUBHASH DAS MUSIB [LAWS(CAL)-1983-5-10] [REFERRED TO]
DIPALI MALLICK VS. NIRMAL MALLICK [LAWS(CAL)-1992-12-22] [REFERRED TO]
GHANSHYAM S O VITHAL GARJE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-8-221] [REFERRED TO]
KISHORE HALOI & ORS. VS. STATE OF ASSAM [LAWS(GAU)-2006-3-89] [REFERRED TO]
ABDUL SOBUR ALI KHAN AND ORS. VS. MD. IBRAHIM SHEIKH AND ANR. [LAWS(GAU)-1984-10-5] [REFERRED TO]
KAADASHI MALLESH VS. STATE OF A.P. [LAWS(APH)-2016-3-8] [REFERRED TO]
G SRINIVASAN VS. STATE [LAWS(MAD)-2010-4-147] [REFERRED TO]
NIRMAL AHLUVALIA VS. O MEENAKSHI [LAWS(MAD)-2010-12-58] [REFFERED TO]
KESAVAN GOPI VS. STATE [LAWS(KER)-1987-7-113] [REFERRED TO]
R. VENKATESAN VS. STATE BY INSPECTOR OF POLICE [LAWS(MAD)-2017-6-28] [REFERRED TO]
MOHINDER SINGH VS. USHA CHAUHAN AND ANOTHER [LAWS(HPH)-2018-12-100] [REFERRED TO]
BHOOP SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-3-42] [REFERRED TO]
FATEHCHAND MOONAT VS. UNION OF INDIA [LAWS(MPH)-1996-1-72] [REFERRED TO]
V M SUGUMAR VS. P RENUGADEVI [LAWS(MAD)-2007-10-208] [REFERRED TO]
MUSTAFA KHAN VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-4-168] [REFERRED TO]
P NAGAMMA VS. K PARAMASIVAM [LAWS(MAD)-1994-1-73] [REFERRED TO]
STATE OF RAJASTHAN VS. RAMJOO [LAWS(RAJ)-1979-5-14] [REFERRED TO]
UMESH CHANDRA VS. K G SOOJI [LAWS(RAJ)-1987-1-55] [REFERRED TO]
MUKUNDA DEV BARAL VS. SANJIB BARAL [LAWS(ORI)-1991-8-32] [REFERRED TO]
R JAGADISH MURTY VS. BALARAM MOHANTY [LAWS(ORI)-1991-8-35] [REFERRED TO]
KALI CHARAN GOUDA VS. TARA SANKAR ACHARYA [LAWS(ORI)-1993-11-15] [REFERRED TO]
KAMALJIT SINGH VS. STATE OF ORISSA [LAWS(ORI)-1983-4-11] [REFERRED TO]
JAI SINGH ALIAS MEHLA VS. STATE [LAWS(P&H)-1983-8-28] [REFERRED TO]


JUDGEMENT

Vaidialingam, J. - (1.)These three appeals by the complainant, by special leave, are against the common judgment and order dated August 10, 1969, of the Calcutta High Court in Criminal Revisions Nos. 288, 289 and 290 of 1969, setting aside the charge under Section 120B read with S. 409 I.P.C. framed against all the four accused and the charge under S. 409 I.P.C. framed against accused Nos. 1 to 3. The High Court by the same judgment quashed the proceedings based upon the said charges, which were pending before the Presidency Magistrate, 7th Court, Calcutta in case No. C/3443 of 1967.
(2.)The appellant in all these three appeals, Amar Chand Agarwalla, filed a complaint before the Chief Presidency Magistrate, Calcutta, on November 21, 1967, on the basis of which the four accused persons, namely, Paremananda Agarwalla, Madan Mohan Gour, Jhumermal Agarwalla and Shanti Bose, were required to answer charges under Sections 120B/409 and 409, IPC. These persons will be referred to as accused Nos. 1, 2, 3 and 4 respectively. The case was later on transferred to the Presidency Magistrate, 7th Court, Calcutta for disposal. The 7th Presidency Magistrate, after recording the evidence of ten prosecution witnesses, framed a charge on September 7, 1968, under S. 120B/409 against all the four accused and a charge under Section 409 I.P.C. against accused Nos. 1 to 3. The allegations in the complaint were briefly as follows:
(3.)The complainant was a partner of M/s Kalinga Bakery Biscuit Confectionary and Mineral Water Company of Rourkela in Orissa and was granted actual users' import licence on November 18, 1966, by the Joint Chief Controller of Imports and Exports, Calcutta, for import of Skimmed Milk Powder and other commodities upto the value of Rs. 60,000/-. This commodity was for the purpose of being used in the licencee's factory. The complainant appointed M/s. Arun Importer (P) Ltd., owned, managed and controlled by accused Nos. 1 to 3 as his agents to import 525 bags of milk powder from New Zealand. The first accused wrote a letter dated July 25, 1967, informing the complainant that the goods had already been shipped and that they would be arriving very shortly. Accused Nos. 1 to 3 also offered to assist the complainant with a loan of Rs. 25,000/- to enable him to clear the shipping documents from the Bank. The 4th accused was introduced by the other accused as a Customs Clearning Agent and on their suggestion, the complainant appointed him as his clearing agent. After clearing the shipping documents with the assistance of the loan provided by the accused, the complainant however, was not informed about the actual arrival of the ship. The complainant addressed a letter dated August 19, 1967, to accused No. 4 asking for information about the arrival of the goods. None of the accused gave any intimation about the arrival of the goods. However, to this surprise, the complainant read in the newspaper a report on August 23, 1967, about the police having recovered from the various parts of Calcutta several bags of milk powder stated to have been imported on his account. The complainant rushed to Calcutta and contacted the accused but was not able to get any information. Accused No. 4 flatly declined to even recognise the complainant or talk to him; accused Nos. 1 to 3, however, professed ignorance about the whole thing and hinted that accused No. 4 might have diverted the goods to other persons. On August 26, 1967, an application was filed before the Chief Presidency Magistrate to direct the police to make an investigation under Section 156 (3) of the Criminal Procedure Code regarding the missing quantity of milk powder. In the said application, however, only Shanti Bose (the present accused No. 4) was cited as an accused, as the complainant did not have any reason to suspect the other accused. The milk powder seized by the police was later on directed to be returned to the complainant by the High Court on his furnishing security. Accused Nos. 1 to 3, coming to know about this proceeding, instituted on September 25, 1967, a suit against the complainant in the High Court (Suit No. 2283 of 1967) praying for a declaration that the plaintiff was the pledgee of 316 bags of milk powder of the defendant and prayed for a decree in the sum of Rs. 26,744.87. They also asked for various interim reliefs. The complainant, during the pendency of the proceedings before the Chief Presidency Magistrate came to know that all the accused persons had taken away on August 19, 1967, the entire quantity of 525 bags of milk powder, which had been imported on his account without his knowledge, consent or instructions and that they had also mis-appropriated about 200 bags before the police could raid their premises. On an ascertainment of these facts, the complainant withdrew his original complaint with the permission of the Court and instituted the present complaint against all the accused.


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