MONIKA AGGARWAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The Counsel for the petitioner submits that this is a dispute between the partners and the petitioner herself has a claim on the complainant. He submits that the disputes between the partners are of a civil nature and a case of cheating is not made out because at the time of entering into the partnership agreement, there was no such intendment and the same is not also alleged in the FIR.

(2.) The learned Counsel for the State opposed the grant of anticipatory bail to the present petitioner on the ground that the petitioner has siphoned away the partnership fund by opening a separate account showing herself to be the sole proprietor.

(3.) The learned Counsel for the petitioner, in rejoinder, cited the decision of this Court in the cases of Smt. Ira Juneja and Another v. State and Another, 108 (2004) DLT 761=2004 Cri.L.J. 3664 and Ajay Fotedar v. State of NCT of Delhi and Others, 124 (2005) DLT 176 (DB), to indicate that in similar circumstances of dispute between the partners and misappropriation by one partner, the Courts have held the same not to make out a case for cheating. Of course, these decisions were at the stage of quashing of proceedings, the present case is only for anticipatory bail.