DINESH SHYAMJI SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners are arrayed as accused in connection with FIR registered with Dahisar Police Station by the Respondent No.1 being C.R.No.151 of 2013 for the offences punishable under Ss. 420, 465, 467, 468, 471 read with Sec. 120(B) of the Indian Penal Code, 1860. The relief sought in the petition is the quashing of the chargesheet filed and pending before the learned Metropolitan Magistrate, 47th Court, Esplanade, Mumbai in Criminal Case No.415/PW/2020 and also the Criminal Case No.415/PW/2020.

(2.) Learned counsel appearing for the Petitioners and the Respondent No.2 submit that during the pendency of the present proceedings, the dispute has been settled between the parties. Learned counsel appearing for the Respondent No.2 has tendered the consent-affidavit of Respondent No.2, as also of other partners of the firm named Vishnu Enterprises, the partnership firm in which the Petitioners and the Respondent no.2-Complainant were the partners alongwith others. Learned counsel for the Respondent No.2 has also tendered the death certificate of Baluben Popatbhai Bharwad and Sushma Chandrakant Jaykar, who were also the partners of the partnership firm. The consent-affidavits and the death certificates are taken on record. The deponents of the consent-affidavits are present in-person in the Court and have been identified by their counsel.

(3.) Perused the proceedings. In the FIR, it is alleged that while carrying out day to day affairs of the business of the partnership firm, there were certain money transactions which were carried out by the Petitioners, which has resulted in siphoning of the funds in the partnership firm.