USHA AHUJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave is granted.

(2.) The appellant and the second respondent were partners of partnership firm, M/s. Jupiter Industries. A complaint was lodged against the second and third respondents, FIR No. 193, under Sections 405, 406 and 408, IPC at the Police Station, Mujessar, District Faridabad on July 19, 1996. A Civil Suit is pending between the parties for dissolution of the partnership firm and rendition of accounts and the said respondents filed Criminal Misc. Petition 24679-M of 1997 before the High Court of Punjab and Haryana praying to quash the FIR. The High Court by its order dated April 17, 1998, having noticed that a Civil Suit is pending between the parties and investigation on the complaint of the appellant by the police is in progress, stayed the filing of the final report under Section 173, Cr. P. C. by the police. It is from that order, this appeal has arisen.

(3.) Heard the learned counsel for the parties.