MATOSHRI DEVELOPERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioners seek quashing of crime No.24010 registered in Police Station Sarsiwa, District Raipur, for offences punishable under Sections 420 & 120B of the Indian Penal Code (for short "the IPC").

(2.) THE facts, in brief, as projected by the petitioners, are that the petitioner No.1 is a registered partnership firm whereas the petitioner No.2 is one of the partners of the petitioner No.1. Deed of partnership was executed on 3-7-2009 (Annexure - P/1) and the registration certificate was issued by the Registrar of Firms and Societies on 1-1-2010 (Annexure - P/2).

(3.) SHRI Tamaskar, learned counsel appearing for the petitioners, would submit that the petitioner No.1 or any of its partners have not committed any offence. As per the provisions of Section 37 (2) of the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (for short "the Adhiniyam, 1973"), no Court shall take cognizance of an offence punishable under this Act except upon complaint made by the Registrar or any other person, authorized in writing by him, in this behalf, therefore, the cognizance taken by the respondent authorities against the petitioners is without jurisdiction and, as such, the same is illegal.