INDER CHAND BAGRI Vs. JAGADISH PRASAD BAGRI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the order dtd. 13/2/2018 passed by the High Court of Gauhati in Criminal Petition No.190 of 2015 dismissing the application filed under Sec. 482 of the Code of Criminal Procedure (hereinafter "CrPC" for short) preferred by the appellant-accused, Inder Chand Bagri and thereby refusing to quash the proceedings instituted under Ss. 406/420/120B of the Indian Penal Code, 1860 (for short, "IPC") arising out of the Complaint Case C.R.No.3230c of 2013 dtd. 19/9/2013 before the Court of Chief Judicial Magistrate, Kamrup, Gauhati that was filed by Jagadish Prasad Bagri, the complainant/respondent No.1.

(3.) Briefly stated, the facts of the case are that the appellant accused along with four other individuals namely Bhagwandas Bagri, Ramkishan Bagri, Shyamsundar Bagri and Jagdish Prasad Bagri (complaint/respondent No.1) resolved to constitute a partnership firm vide partnership deed dtd. 1/10/1976 in the name and style of 'INDRACHAND BAGRI AND BROTHERS' (hereinafter referred to as "firm"). The aim of said partnership firm was to carry on business of construction of warehouses and godowns and subsequently letting them out to third parties. As per the terms of the said partnership deed, the appellant-accused agreed to bring into the partnership, for the purpose of business, the land owned by him situated at New Dag No.2760 of New Patta No. 455, Village Maidamgaon, Mouza Beltola, District: Kamrup, Assam (hereinafter referred to as "disputed property"). Subsequently, two godowns were constructed on the said disputed property and leased out to Food Corporation of India on 1/4/1978 and 1/6/1978 for a period of fifteen years i.e. till 1/6/1993.