VIJAY L.GHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners (original Accused Nos.4 and 5) have filed this Petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, to quash and set aside the Chargesheet No.14502 of 2022 qua the Petitioners, pending on the file of learned Judicial Magistrate First Class (Court No.8), Thane, arising out of C.R. No. 303 of 2022, registered with Naya Nagar Police Station, Mira-Bhayandar Vasai-Virar, dtd. 10/5/2022, for the offences punishable under Sec. 420, 407 read with 34 of the Indian Penal Code.

(2.) In the First Information Report (FIR) it is alleged by the Respondent No.2, Complainant that, he along with the accused persons were partners of a firm known as 'Sameer Wines'. The said firm was carrying on the business of a wine shop based on a license which was in the name of Accused Nos. 1, 2 and 3. It is further alleged that, all the accused persons have cheated the Respondent No.2 and so also there is a breach of trust by accused persons as they transferred the funds of the Partnership Firm to a separate bank account opened by them, excluding the complainant. So also, they prevented the complainant from entering into the premises in which the partnership business was carried out. Hence, they have cheated the complainant and therefore, the FIR was lodged against the accused persons.

(3.) It is submitted by the Petitioners who have been arraigned as accused Nos. 4 and 5 in the FIR and subsequently in the charge-sheet that, on the face of the records and evidence which have been produced by the prosecution, no case is made out against present Petitioners. It is submitted that, whatever amounts that have been transferred from the old bank account to the new bank account were used only for the purpose of making payments of the dues from whom stocks were purchased and in fact, payment of much more amounts have been made then that was transferred from the old bank account. The dispute raised by the Respondent No.2, is of purely civil nature. The said fact is admitted by the Respondent No.2, as he had on 11/11/2021, filed an Arbitration Suit under Sec. 9 of Arbitration and Conciliation Act, 1996, before the Civil Judge Senior Division, Thane. Much later, on 10 th May 2022, present FIR has been lodged by the Respondent No.2, alleging therein that the offence was committed on 31/3/2021. In Sec. 9 Suit the reliefs as prayed by the Respondent No.2 were not granted and hence, with ulterior motive present FIR has been lodged. The Arbitration Proceedings are pending before learned Arbitrator. The dispute is purely a civil dispute between the partners of a Partnership Firm, hence, present FIR and the charge-sheet filed should be quashed and set aside.