BYNEEDI VENKATESWARA REDDY 1 Vs. PASUPULATI BHUSHAIAH

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. seeks quashing of the order dt. 10-8-1999 of the learned I Addl. Munsiff Magistrate, Narasaraopet in Crl. M.P. No. 767 of 1999 in CC. No. 224 of 1998 under which the petitioners have been directed to be summoned under Section 319 of Cr.P.C. to face trial in respect of offence under Section 379 of IPC along with accused No. 1.

(2.) It appears the complaint in that CC filed Crl. M.P. No. 293 of 1999 for production of vehicle in respect of which offence is said to have been committed. In that petition, accused No. 1 in that case filed his counter stating that a partnership firm of which accused No. 1 is the Managing Partner had financed the complainant for purchase of the vehicle in question on hire-purchase basis and that as disputes arose between the partners, partnership was dissolved and the vehicle in question was now in the custody of Byneedi Venkateswara Reddy, petitioner No. 1 herein. This plea was taken as a way of defence that accused No. 1 was under these circumstances unable to produce the vehicle in the Court.

(3.) It is also mentioned in the said counter that the said Venkateswara Reddy, petitioner No. 1 herein, was also a partner of the said firm by name M/s. Maruthi Finance, along with other partners, namely, petitioners 2 to 4 herein. Thereafter, the complainant filed Cri. M.P. No. 767 of 1999 requesting the Court to direct summons to the petitioners herein as the accused in the case for facing the charge under Section 379 of IPC.