HARKISHAN SUNDARLAL VIRMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In present petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed, inter alia, that:

(2.) So far as the facts involved in this petition are concerned, the petitioner has alleged and claimed that the complainant and accused No.1 are brothers and due to certain business and commercial disputes and differences, they parted ways. The said separation did not put an end to the dispute between them. On the contrary, certain subsequent events resulted into the impugned complaint which is subject matter of present petition. The respondent complainant has alleged that accused No.1, i.e. petitioner No.1 unauthorisedly and surreptitiously and with the help of accused no.2, who, at the relevant time, worked as Accountant with the complainant, allegedly removed/took out about 90 cheques from the complainant's cheque book and though the authority of accused No.1 to sign the cheque of the account in question was revoked and cancelled (particularly after division of business), accused No.1, with the help of accused No.2, allegedly withdrew large amount from the complainant's account and he allegedly made unauthorised payments through the said cheques and thereby, accused No.1 committed the alleged offence (punishable under Sections 406, 419, 420, 381, 465, 467, 468, 471, 120B and 114 of Indian Penal Code) with the help of and as a part of conspiracy with the complainant's accountant, i.e. accused No.2. The respondent complainant filed the abovementioned complaint in October, 2005 and alleged that the accused had committed alleged acts during the period between 23.2.2001 to 31.3.2001.

(3.) Mr.Soparkar, learned senior counsel has appeared with Mr.Jasani, learned advocate for the petitioners and Ms.Brahmbhatt has appeared for the respondent complainant.