NARENDRABHAI MAGANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. N.D. Nanavati with learned Advocate Mr. P.P. Majmudar for the petitioner, learned APP Ms. M.D. Mehta for the respondent-State and learned Senior Advocate Mr. Y.S. Lakhani with learned Advocate Mr. Ashish M. Dagli for the respondent No.2.

(2.) By way of this petition the petitioner prays for quashing of FIR being C.R. No.I- 113 of 2010 registered with Malavianagar Police Station, Rajkot, for the offence punishable under Ss. 406, 420, 465, 467 and 468 of the Indian Penal Code.

(3.) Brief facts leading to filing of the present petition being that on 1/2/1966 an unregistered partnership was created in the name of Narendra Maganlal Shah which partnership consisted of total 11 persons. The purpose of the partnership as per the partnership deed was for purchase of plot situated at village Madvi, District Rajkot and whereas the plot was to be purchased in the name of Narendrabhai Maganlal Shah i.e. the petitioner herein and whereas the partnership deed inter alia states the share available in favour of each of the partners and whereas it is mentioned that insofar as the petitioner is concerned, he has not invested any money and thus the petitioner is not entitled for any interest thereupon. Furthermore, share available to the petitioner would be of 'Half an Aana' and whereas the shares available in case of other partners are mentioned in the said deed.