RAJINDER PRASAD JAIN Vs. STATE (GNCTD)

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter shall be referred as Cr.P.C.) for setting aside the order dated 16.07.2014 passed by the learned Metropolitan Magistrate, Central, Tis Hazari Courts, Delhi whereby the application of the petitioner filed under Section 156(3) Cr.P.C. was dismissed.

(2.) Facts, in brief, are that an application under Section 156(3) Cr.P.C. was filed by the petitioner before the learned Magistrate. In the application, it was alleged that the respondent no.2 Amit Jain/proposed accused was son of the brother of the petitioner with whom partnership business was carried out by the petitioner for a long time. A suit for partition was filed by the petitioner wherein the respondent no.2 took the stand that the business was duly partitioned in the year 1988. It was alleged that the respondent no.2 had taken all the files of the said firm from Sh. Inderjeet Ahuja, Advocate who was dealing with the income tax matters of the firm. It was alleged that the respondent no.2 had taken files on the false pretext that he was authorised by the petitioner. It was alleged that such an act of the respondent no.2 amounted to criminal breach of trust and misappropriation. A complaint in this regard was allegedly filed by the petitioner before the SHO, but since no action on the same was taken by the police, he approached the Court by filing the application/complaint.

(3.) The learned Magistrate has gone through the material placed before him and declined the request of the petitioner to refer the matter to the police for further investigation vide impugned order dated 16.07.2014 while observing that all the facts and circumstances of the case are within the knowledge of the complainant/petitioner-herein and no ground for directing the police to investigate is made out. The learned Magistrate called the petitioner to adduce pre-summoning evidence. Feeling aggrieved of the same, the present petition has been preferred by the petitioner.