KAMLESH HARIVALLABH MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By present petition, the petitioners have sought a declaration that the second criminal complaint, for the same cause, is not maintainable and sought quashing of the said proceedings.

(2.) The facts, as are necessary for decision of the present petition, are as under : The petitioners and respondent no.2 entered into a partnership on 29th Jan., 2004 with an object of manufacturing of self-net required as a spare in a unit of refrigerator. It is claimed that despite there is an arbitration clause in the deed of partnership, respondent no.2 - complainant lodged a complaint, being Regular Criminal Case No.660 of 2005 alleging illegal withdrawals of amount by the petitioners from the partnership firm and sought their prosecution for offences punishable under sections 420, 468, 471, 506 read with section 34 of the Indian Penal Code, on 7th June, 2005. On 7th June, 2005, the learned Magistrate directed to send the complaint to police station, Waluj, for investigation in accordance with provisions of section 156 (3) of the Code of Criminal Procedure. The petitioners and respondent no.2 thereafter appear to have resolved the dispute, as is apparent from the report forwarded by the Police Station Officer to the Judicial Magistrate First Class, 2nd Court, Aurangabad, in the above referred complaint case on 4th Aug., 2005, which has prompted the learned Magistrate to pass an order on 30th Aug., 2005 disposing of the complaint. The said order reads thus:-

(3.) Thereafter, the petitioners issued a public notice that the partnership with respondent no.2 has come to an end from 30th Sept., 2005, which was preceded with a registered post notice dated 22nd Sept., 2005.