STATE Vs. SANGHVI SUGRAJ

JUDGEMENT

(1.) This is an Appeal against acquittal preferred by the State represented by its Public Prosecutor in C.C.No. 2444/80 on the file of the VIII Metropolitan Magistrate, Madras.

(2.) The Central Crime Branch, Madras, charge sheeted the two respondents herein for offences under section 465, 468, 471 read with sections 465 and 420 of the Indian Penal Code, 1860. The gist of the charges was that the respondents on or about 31st July, 1978 forged a document seeking to register a firm (Sanghvi Metals) and dishonestly used the same as genuine. The respondents, by forging the signatures of the other partners, cheated the Registrar of Firms, Madras by dishonestly inducing him to register the firm and issue a certificate and thereby committed an offence punishable under section 420 of the Indian Penal Code, 1860.

(3.) The two respondents (Accused) and P.Ws.1 and2 entered into a partnership deed on 19th July, 1975 under Ex.P-1 under which the four persons constituted themselves as partners and started a business under the name and style of 'Sanghvi Metals�, Mint Street, Madras with effect from 2nd May, 1975. The minimum duration of the partnership was three years. The partnership deed was not registered. The prosecution case is that after the period of three years, i.e., on 31st July, 1978 the two accused presented a petition before the Registrar of Firms (P.W.4) with the signatures of four partners for the purpose of Registration, while in fact, P.Ws.1 and 2 (the other two partners) did not sign the application and that the two accused have forged the signatures of P.Ws.1 and 2 in the form and presented for registration and obtained the Registration Certificate. On coming to know of this, P.W.1 laid a complaint Ex.P-3 before the Deputy Commissioner of Police, (Crime), Madras on 25th August, 1978 complaining of forgery and cheating in respect of the registration of the firm. The police investigated the case and filed a charge sheet against the accused for the aforesaid offences.