P G BHAVNANI Vs. C L PATIL

JUDGEMENT

(1.) This is an Application filed under Section 482 of the Code of Criminal Procedure, praying that this Court should exercise its inherent powers to quash the proceedings in Criminal Case No. 72/S/1982 pending in the Court of the Metropolitan Magistrate, 7th Court, Dadar, Bombay.

(2.) The brief facts leading to the present petition are that the Petitioner P.G. Bhavnani was cited as Original Accused No. 2 and his mother Shri T.G. Bhavnani had been cited as Accused No. 3 in a Criminal Complaint filed by Respondent No. 1 herein on behalf of his employers M/s. A.F. Fergusson and Company who carried on business as Chartered Accountants. One H.D. Gandhi who was cited as Accused No. 1 in the Complaint was an employee of the firm of M/s. A.F. Fergusson and Company.

(3.) It appears that by an Agreement of Leave and Licence dated 8-5-1972 between Smt. T.G. Bbavnani the mother of the present Petitioner and the firm of M/s. A.F. Fergusson and Company, a flat bearing No. 50 on the 13th floor of Building D of Venus Co-operative Housing Society Ltd., Worli, Bombay, was given on Leave and Licence basis by the mother of the present Petitioner to the firm of M/s. A.F. Fergusson and Company. The Complainant C L. Patil who has filed the complaint on behalf of the firm of M/s. A.F. Fergusson and Company bas averred that in June 1972 the said flat was entrusted to Accused No. 1 Gandhi in his capacity as an officer of the firm with a specific understanding that he would occupy the said flat during his employment with the firm. The compensation in respect of the said flat was paid by the firm of M/s. A.F. Fergusson and Company. The Complainant stated that the deposit of three months rent or compensation, i.e. Rs. 2,550/- was also paid by the firm to Accused No. 3 the mother of the present Petitioner.