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1983 Supreme(Bom) 205

G.F.COUTO
Luis de Piedade Lobo – Appellant
Versus
Mahadev Vishwanath Parulekar – Respondent


Advocates appeared:
M. S. Usgaoncar, Advocate, for Petitioner; S. V. Joshi, Advocate for Respondent No.1.

ORDER :- This revision application is directed against the order dated 19th February, 1983 passed by the learned Judicial Magistrate, First Class, Bicholim, whereby he discharged respondent 1 under Section 245 (2), Cr.P.C.

2. Petitioner herein has filed a criminal complaint against respondent 1 charging him of having committed an offence of theft punishable under Section 379, I.P.C. According to the complainant, he is the owner in possession of two Mercedez Benz trucks bearing Nos.GDT-7045 and GDT-7046. A few years back, there existed a partnership running under the name and style of M/s. L. and P. Associate between the complainant and the accused. The trucks aforementioned were part of the assets of the firm and, as such, stand registered in the name of the partnership. After some time, the accused/respondent withdrew himself from the said partnership firm and the same was dissolved. Since the time of the withdrawal of the accused from the partnership, the complainant has been running the business exclusively and the accused/respondent is in no way connected with it. The complainant, therefore, sent a notice to the accused requiring him to give his consent to the transfer of the sa








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