PARMESHWARLAL R DALMIA Vs. RAVINDRA PRASAD KHETAN

JUDGEMENT

(1.) THIS is a Petition under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings in Criminal Case No.4/S 89 on the file of the learned Additional Chief Metropolitan Magistrate's 23rd Court Esplanade, Bombay. Heard both the sides.

(2.) THE first Respondent filed a private complaint against the Petitioners alleging an offence under Section 406 read with Section 34 and 120-B of the Indian Penal Code. THE necessary allegations in the complaint are as follows : THE complainant is the husband of Smt. Manju. THE complainant's mother Mrs. Bhagwatibai B. Khetan created a private Trust called Bhagwatibai B. Khetan Putravadhu Trust. THE complainant's wife, complainant's mother and Respondents Nos. 3 to 5 are the trustees of the said Trust. THE trust acquired Flat No.5 on lease from Khetan Business Corporation Pvt. Ltd. on the 5th floor of Khetan Bhavan, Churchgate, Bombay. THE said flat was given to a tenant on lease. THE rental income from the premises was Rs.24,000/- which was shared by three beneficiaries viz. complainant's wife, accused No.3 and accused No.5. It is alleged by the complainant that in pursuance of a conspiracy the Trust passed a Resolution on 9.5.1988 under which the trust gave up it's claim or right over Flat No.5. THE complainant's wife had no notice of the said meeting. THE said meeting was held clandestinely. By passing the resolution, the complainant's wife is deprived of her income from Flat No.5. THE complainant came to know of this act of the accused at the time of the General Body meeting of the Khetan concern on 27th July 1988. It is also alleged that subsequently some agreements have come into being between complainant's brother and others. THE first Petitioner is the Secretary of the Trust, hence it is alleged that all these accused have conspired together and have committed offence mentioned above.

(3.) SHORT point for consideration is whether the Petitioners have made out a case for quashing the criminal proceedings or not.