V P TALWAR Vs. MUNSHI RAM

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for quashing of order dated 20th August, 1987 passed by Shri Z.S. Solanki, Metropolitan Magistrate, Delhi dismissing the complaint of the petitioner for offences under Sections 420/467/468/471 read with Sections 109/114/34/120Bof the Indian Penal Code (for short called 'IPC') and order dated 2nd May, 1992 passed by Shri L.D Mual, Additional Sessions Judge, Delhi upholding the order passed by the learned Metropolitan Magistrate.

(2.) Briefly stated the facts of the case are that Shri Darbari Lal and Prem Chand have been tenants of respondent No. 1 in respect of a shop bearing No.3, Fateh Nagar, jail Road, New Delhi. It was alleged in the complaint that respondents No. 2 and 3 were made partners in a firm known as M/s. C.B. Safe Company vide partnership deed dated 16th Sep., 1990. It was further alleged that respondents No.2 and 3 committed dishonest acts of removal of account books as the firm had to be dissolved by a notice dated 9th July, 1985. Thereafter, respondents Nos. 2 and 3 filed a suit for perpetual injunction claiming to be the sub-letters of S/Shri Darbari Lal and Prem Chand and at the same time admitting them as legal tenants of respondent No. 1. It was further alleged that respondent No. I had no competence to except respondent Nos. 2 and 3 as a tenant and to issue the rent receipt. It was alleged that the respondents had forged and fabricated the false document with mala fide motive to file the same in the judicial proceedings later on. Shri Z.S. Solanki, Metropolitan Magistrate, Delhi vide his order dated 29th August, 1987 held that there was no ingredients of Sections 420/467/468/120B Indian Penal Code and as such there was no ground to summon the respondents. Accordingly, the complaint wad dismissed.

(3.) Aggrieved by the order dated 20th August, 1987 passed by the teamed Metropolitan Magistrate, the petitioner filed a revision petition under Section 398/399/400/401 of the Act The said revision petition was dismissed by Shri L.D. Mual, Additional Sessions Judge, Delhi vide his order dated 2nd May, 1992 and the order passed by the learned Metropolitan Magistrate was upheld.