DEBABRATA GUPTA versus S. K. GHOSH

DEBABRATA GUPTA versus S. K. GHOSH

Determination of existence of special entrustment or holding of property in fiduciary capacity cannot be decided without proper investigation and enquiry; all pleas and defences including territorial jurisdiction are left open for trial; appeal dismissed to allow proceedings to continue.

Parties
Appellant: Debabrata Gupta; Respondent: S. K. Ghosh
Jurisdiction
India
Judgment Date
23 February 1970
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Calcutta High Court's Order Refusing to Quash Criminal Proceedings
Outcome
Appeal dismissed
Legal Topics
Criminal Breach of Trust, Partnership Disputes, Entrustment
Criminal Law Criminal Breach of Trust Partnership Disputes Entrustment

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Parties

Debabrata Gupta

Appellant

S. K. Ghosh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Calcutta High Court's Order Refusing to Quash Criminal Proceedings

Legal Issues

  1. 1 Whether criminal proceedings under Section 406 IPC between partners should be quashed
  2. 2 Whether there was special entrustment of property to appellant
  3. 3 Whether the Additional Chief Presidency Magistrate had territorial jurisdiction

Ratio Decidendi

Determination of existence of special entrustment or holding of property in fiduciary capacity cannot be decided without proper investigation and enquiry; all pleas and defences including territorial jurisdiction are left open for trial; appeal dismissed to allow proceedings to continue.

Court Disposition

Appeal dismissed

Orders

  • All pleas and defences left open to the appellant, including special entrustment and territorial jurisdiction