MUKUND DAS GUJARATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri A.P. Srivastava, learned counsel for applicants and learned AGA for State of U.P.

(2.) Applicants have invoked jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") with a prayer to quash summoning order dated 08.12.2005 and 31.07.2006 as well as further proceedings of Complaint Case No. 1050 of 2004, under Sections 420, 406, 467, 468, 471, 120-B IPC, Police Station Kotwali, District Varanasi, pending in the Court of Chief Judicial Magistrate, Varanasi.

(3.) A perusal of complaint shows that no offence under Sections 420, 406, 467, 468, 471, 120-B IPC is made out, inasmuch as, complaint is basically with regard to non-accounting of shares in the partnership business and the liability in partnership business are joint and several, therefore, present dispute is with regard to apportionment of shares and does not amount to transfer of money from one person to another, hence, aforesaid sections are not at all attracted in the case in hand and entire proceedings are vitiated in law.