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1983 Supreme(P&H) 193

S.C.MITAL
Avnash Chander – Appellant
Versus
State Of Punjab – Respondent


Judgment

S. C. Mital, J.

1. Avnash Chander was filed this petition under sec. 482 of the Code of Criminal Procedure for quashing the first information report in question, registered at Police Station Kotwali Bhatinda under sections 406 and 468, Indian Penal Code. The salient allegations made by Sukdev Singh informant are that he had Avnash Chander petitioner entered into partnership and a deed in that regard was executed by them. A vnash Chander used to deal with the accounts and maintain the account books. The cash was also kept by Avnash Chander. While acting as a partner Avnash Chander made fictitious entries in the Rokar Bahi and thereby embezzled Rs.3,44,004/-.

2. Learned counsel for the petitioner has placed strong reliance on Velji Rachavji Patel. V/s. The State of Maharashtra1, laying down: In the case of a partnership, every partner has dominion over the partnership property by reason of the fact that he is a partner. This is a kind of dominion which every owner of property bas over his property. But it is not dominion of this kind which satisfies the requirements of sec. 405. The prosecution must further establish that dominion over the assets or a particular asset of the



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