OMPRAKASH GUPTA Vs. STATE OF MP AND ANOTHER

JUDGEMENT

(1.) This Order shall govern the outcome of Criminal Revision 1015/2015 and Criminal Revision No. 1052/2015, as both the matters are arising out of common facts and impugned Order.

(2.) For the sake of convenience, the facts in Criminal Revision No. 1015/2015 are discussed herein below. This Revision application preferred under Section 397 read with Section 401 of Cr.P.C. takes exception to the order dated 22.09.2015 passed by VIII Additional Sessions Judge, Gwalior, whereby the charges under Sections 420, 467, 468, 471 and Section 120B of IPC have been framed against the present applicant. Vide the same order, the application preferred by the present applicant under Section 227 of Cr.P.C has also been rejected.

(3.) The facts in brief are that the complainant submitted a written grievance to the Police Station Kotwali, District Gwalior, on 27.05.2011, that the present applicant who is one of the partners in the firm, Gangaram Bhagwandas, along with Yogesh Gupta, who is the another partner, have represented that the said firm is in existence and that, all the partners have consented for borrowing money from the complainant. However, it was later on discovered by the complainant that one of the partners to the said firm, Gomti Bai, expired on 06.09.2004, even though this fact was never revealed by the remaining partners of the firm although the credit facility from the respondent No. 2 was secured by posturing that the said firm legally exists.