SUBHASH CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of this petition, a prayer has been advanced to quash the entire proceedings of criminal case no. 844 of 2007 titled as `State Vs. Subhash Chand' pending in the court of 1st ACJM, Haridwar wherein learned Magistrate has taken cognizance against petitioner for the offence under Section 420, 452, 504, 506 IPC.

(2.) HAVING heard learned counsel for the both the parties, it transpires that both petitioner Subhash Chand and respondent no. 2 Satnam Singh hail from Haridwar City. They founded a partnership Firm on dated 01.08.2006 and a Deed on the stamp paper of Rs. 1,000/- between duo was executed but the same was never got registered, as mandated by Section 69 of the Indian Partnership Act, 1932 (for brevity "the Act").

(3.) ATTENTION of this Court has further been drawn towards the statement of Satnam made under Section 161 Cr.P.C. to the Investigating Officer, copies whereof are annexure nos. 9 and 10 to the petition. Per contra, it has been argued on behalf of respondent no. 2 that Subhash opened a separate bank account in his individual name and misused the fund worth Rs. 1,00,000/- (Rupees one lakh only). It has further been argued that by violating the terms and conditions of the Deed, Subhash undertook to do packing works of some other companies independently.