BACHE GOWDA M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - accused No.2 who is sought to be prosecuted under Ss. 406, 420, 468, 471, 201 of IPC is before this Court.

(2.) The Police after conducting the investigation laid the charge sheet for the aforesaid offences. The summary of the charge sheet is that accused No.1 and the defacto complainant entered into a partnership for the purpose of establishing and running a petrol bunk and in terms of the partnership deed, defacto complainant was entitled for certain share in the profit. However, accused No.1 did not part with the profit with the defacto complainant to which he was legally entitled under the partnership firm and by forging his signature, created a new partnership firm inducting accused No.2 as one of the partner and by misusing the said partnership deed, opened an account in Bank of India, Devanahalli Branch in the name of Mahanandi Service Station and by producing the fabricated partnership deed corresponded with the Commercial Tax office and paid the taxes.

(3.) Accused No.2 filed an application for discharge before the learned Magistrate under Sec. 239 of Cr.P.C. The learned Magistrate dismissed the application, against which a Revision petition was filed. Learned Sessions Judge dismissed the revision petition. Hence, this petition.