T BABU RAJ Vs. K FAIZEL

JUDGEMENT

(1.) This is an application filed by the accused Nos. 1 and 2 in C.C.No.904/2012 on the file of the Judicial First Class Magistrate Court, No-I, Aluva to quash the proceedings under Section 482 of Code of Criminal Procedure.

(2.) The petitioners were arrayed as accused Nos. 1 and 2 in C.C.No.904/2012 on the file of the Judicial First Class Magistrate Court, No-I, Aluva. The petitioners are the partners of the firm "Blue Chip Mines and Industries". The protest complaint was filed by the first respondent who was also a partner of the above firm for some time, but, expelled by other partners of the firm. The protest complaint was filed by the first respondent after the first complaint dated 15.11.2011 filed by him and forwarded to the Police by the Court under Section 156(3) of the Code of Criminal Procedure was investigated and referred by the police after finding that the allegations levelled by the first respondent were without any basis and it is of purely Civil nature and was filed to wreak private vengeance. The allegations in the complaint relate to the dispute regarding accounts and the transactions of the partnership firm of which the first petitioner is the Managing Partner and second petitioner is the partner. The first respondent was also a partner of the above firm till his expulsion on 31.03.2011 and he filed complaint against the petitioners and few bank officials only after issuance of the lawyer's notice dated 19.09.2012 by the petitioners informing the first respondent that he was no more the partner of the firm as per the retirement and release deed dated 31.03.2011 signed by all the then partners except the first respondent and the resolution dated 31.03.2011 passed by all the then partners except the first respondent for expelling him from the partnership and demanding him to clear the liabilities of Rs.9,01,882.87/- due to the firm from him and they filed Arbitration O.P.No.1112/2011 before the District Court, Ernakulam on 24.10.2011 against him, claiming interim reliefs. First petitioner is aged 73 years. He retired as Chief Engineer, Irrigation, State of Kerala. Second petitioner took his M.Tech Degree from Cochin University in 1998 and he is the son of the first petitioner. On 15.07.2002, the petitioners and eight others who include the brother of the second petitioner and wives of the second petitioner and his brother Dr.Isac Babu formed a partnership with the object of mining, production of granite, broken stones etc under the name and style "Blue Chips Mines and Industries" with its office at Palarivattom.

(3.) The first respondent filed detailed counter and produced Annexure R1 series documents stating that serious criminal offences have been committed including forgery and misappropriation of fund of the firm and the Police has not properly conducted the investigation and only after application of mind, court below had taken cognizance of the case. Since it is a matter for evidence, they are not entitled to get quashing of the proceedings. So, he prayed for dismissal of the complaint.