BHAUSAHEB SAVALGONDA PATIL Vs. SHAMIM SULTAN FAKIR

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution of India and under section 482 of the Code of Criminal Procedure, 1973 seeks quashing of Criminal Proceedings instituted by respondent No. 1 by filing a complaint (C. R. No. 36/1991) with the Shivajinagar Police Station, Ichalkaranji, District Kolhapur. The petitioners are original accused Nos. 1 and 2.

(2.) BRIEFLY stated the facts, which gave rise to this petition are as under : respondent No. 1 filed a complaint with Shivajinagar Police Station at Ichalkaranji, District Kolhapur, which is registered at C. R. No. 36/1991 contending that her husband is serving as Jail Superintendent at Kolhapur. In the year 1984-85, he was posted at Ichalkaranji. At that time, respondent No. 1 and her husband were residing at Ichalkaranji. Respondent No. 1 decided to do the business of saree printing. In the year 1985 she took on rent a shed from one Shri Kalawant. The shed was situated in Ichalkaranji Industrial Estate. She took loan for conducting the said business from the Sangli Bank Branch at Gujari, Ichalkaranji to the extent of Rs. 20,000/ -. The agreed rent of the shed was Rs. 1,300/- per month. She started her business in the name and style of "beena Saree Printers".

(3.) IN the year 1986, her husband was transferred to Yerwada Jail, Pune and therefore, she had to go to Pune. As she did not want the factory to be closed down, she contacted petitioner No. 1, who was supplying screens to her in the aforesaid business. It was decided between the two i. e. petitioner No. 1 and respondent No. 1 that the aforesaid business should be conducted in partnership and that petitioner No. 1 should pay an amount of Rs. 700/- towards the monthly loan instalment of the bank. In addition to this, he was to pay the monthly rent of Rs. 1,300/ -. After excluding all these expenses, it was decided to share the remaining profit between them.