BHAGATRAM Vs. A.P. FOAM P. LTD.

JUDGEMENT

(1.) THIS is a petition under section 482, Code of Criminal Procedure for quashing the complaint against the petitioners for offence under sections 419, 420, 465, 468, 471, 472, 474 and 477A read with section 120B Indian Penal Code. Respondent No. 1 lodged a complaint against the petitioners alleging therein that forged balance -sheet was shown him which prompted him to buy a particular factory and amount of payment of loan of M.P. Financial Corporation. It was alleged that certain documents have been forged. Report is filed on behalf of M/s A.P. Foam Pvt. Ltd. through its Director Neelesh Tiwari. It is also stated that petitioners were also directors of the Company and had resigned from the Company. A civil suit in respect of property is going on against M/s M.P. Financial Corporation. A suit is also filed by complainant A.P. Foam Pvt. Ltd. and the petitioners. Neelesh Tiwari is a purchaser of certain shares of A.P. Foam Pvt. Ltd.

(2.) LEARNED counsel for the petitioners submits that dispute is purely of civil nature. A complaint was lodged in the Police and it has not found any case against the petitioners. There were no orders by this Court to register a complaint against the petitioners. In Misc. Criminal Case No. 577 of 1998 this Court directed that after recording evidence under section 200 Code of Criminal Procedure, if any material is found against the complainant then it shall take cognizance and issue notice. The trial Court after considering the evidence on record has issued notice. Learned counsel for the petitioners submits that there is no evidence on record for taking cognizance against the petitioners Statement of Capt. Neelesh Tiwari is recorded. He has stated that Bhagat Ram, Ashok Kumar and Pradeep Kumar are the promoter Directors of the Company and in order to defraud M.P. Financial Corporation, they secured loan of Rs. 56.61 lacs. The report prepared by them was exaggerated. No plant and machinary have been purchased. No machine has been purchased yet the payment is shown in the form. The Company was taken over by the petitioners.