ROSHAL LAL ARORA Vs. STATE OF DELHI

JUDGEMENT

(1.) Roshan Lal Arora prays that FIR No.286/95 under Section 406 IPC PS Greater Kailash Part-I and proceedings pending pursuant thereto be quashed.

(2.) Relevant facts are that Roshan Lal Arora and the complainant, Inder Wadhwa, entered into a partnership vide deed of partnership dated 22.1.1990 with the object of executing civil works on contract and project basis. The partnership was to carry on business under the name and style M/s.Oam International. As per the partnership deed the profits and losses of the firm were to be shared equally by the partners who were equally obliged to contribute equally towards the capital of the firm.

(3.) Gravement of the allegation against Roshan Lal Arora in the FIR is that pertaining to a contract taken by the firm from TCIL, vide cheque No.50411 dated 8.11.1994 in sum of Rs.3,45,268/- issued by TCIL, Roshan Lal Arora had opened an account with Central Bank of India showing himself as the sole proprietor of M/s.Oam International. The cheque in question was credited in the said account and the money had been misappropriated by Roshan Lal Arora. It was stated in the FIR that the partnership firm was maintaining a current account No.2035 with Punjab National Bank, Nehru Place and it was the duty of Roshan Lal Arora to have got credited the cheque in said account.