RAMESHWARI DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard the learned Counsel for the applicants, learned A.G.A. and learned Counsel for the opposite party No. 2.

(2.) By means of the present application, applicants have prayed for quashing of the summoning order dated 15.9.2004 passed by the Chief Judicial Magistrate, Aligarh and also the proceedings in case No. 632 of 2004 under Sections 420, 419, 471, 467 and 468 I.P.C.

(3.) The brief facts, giving rise to the present application, are that there was a partnership between Smt. Draupadi, Smt. Rameshwari Devi and Kuldeep Kumar Sharma Smt. Draupadi died and the second partnership came into existence on 4.2.2002 with Smt. Rameshwari Devi and Kuldeep Kumar Sharma, as partners. It is alleged that on 19.8.2002, Kuldeep Kumar Sharma, opposite party No. 2 retired from the partnership, which is Annexure No. l to the affidavit. After the retirement of Kuldeep Kumar Sharma, opposite party No. 2 a new partnership deed was executed on 2.9.2002 to keep the firm alive. Opposite party No. 2 had to pay Rs. 3,00,000.00 to State Bank of India, Dibai, but he did not pay nor moved to arbitration as it was a clause (SIC) partnershipdeed The new firm did contract work from Irrigation Department but the same was illegally terminated so there was an arbitration award of Rs. 24,97,981.00. The court ordered that 50 % of the amount be paid and remaining 50 % was to be paid after giving security. The new partnership firm opened an account and got the money. Kuldeep Kumar Sharma, opposite party No. 2 has already taken more than 50 % after retiring but wanted some more money from this amount of 50%. In order to fulfill this design, the opposite party No. 2 lodged an F.I.R. on 3.3.2003 under Sections 419, 420, 467, 468 and 471 IPC. The case was investigated and charge sheet was submitted against applicants.