GOVIND DAS BIYANI Vs. BADRI NARAYAN RATHI

JUDGEMENT

(1.) By filing the present petition u/s 482, Cr. P.C. it is being sought that the complaint filed by the non-applicant against the present petitioners be quashed.

(2.) Facts of the case are as below: The petitioner and the non-applicant are partners of a firm. The present non-applicant filed a complaint in the Court of Chief Judicial Magistrate, Bhopal, alleging, inter alia, that the accounts of the said partnership firm used to remain in the custody of petitioner No.4 who was responsible for maintaining the said accounts. It has been further alleged that from the month of March 1989 petitioners Nos. 1 to 3 in collusion with petitioner No.4 conspired to commit criminal breach of trust by fraudulently depriving the present non-applicant of his share and earnings of the said firm and usurping amount of the said firm. To fulfil the said conspiracy, the said partners of the firm kept the present non-applicant away from the accounts of the said firm from the month of March 1989. Thereafter no amount was paid to the present non-applicant. The said firm obtained payments of rupees four lacs from the Public Health Engineering Department of Bhopal Division and about nine lacs from Rajgarh, Sehore, Shahjapur, Guna and Raisen but no accounts of the said payment, was supplied to the present non-applicant. Nevertheless, the present petitioner No.4 confessed before the witnesses of the complainant/non-applicant that the said amount had been received by the said firm.

(3.) It has further been alleged in the said complaint that the said partnership firm possesses the articles detailed in para 4 of the said complaint. The partners of the said firm sold one truck belonging to the said firm. The non-applicant demanded from petitioner No. 4, to give him account of the firm but the present petitioners did not give the said accounts of the firm to him. On the other hand, they misbehaved with him and criminally intimidated him. Thus, in spite of repeated demand, the present petitioners were not giving the accounts of the said firm to the present nonapplicant. On the said basis, it was alleged by the complainant/present non-applicant that the petitioners have committed offences punishable under sections 406, 420 and 380, Indian Penal Code.