DEVINDAR SINGH SABHARWAL Vs. STATE

JUDGEMENT

(1.) This application under Section 492 of the Code of Criminal Procedure has been filed by the petitioners, who are accused persons in C.T. Case No. 1064 of 2004 pending before the learned S.D.J.M., Angul seeking quashing of the said criminal case.

(2.) The relationship between the parties is that the opp. party no. 2-complainant is the son of the petitioner nos. 1 and 2 and the brother of petitioner no. 3. He filed a complaint before the learned. S.D.J.M., Angul under Section 200 Cr. PC, inter alia, alleging that he and the accused persons formed a partnership firm by a deed of partnership dated 31.3.1997 and carried on business in coal, coal rejects transportation of coke, iron and steel and other item and to carry on such other business which may be determined by and between the parties from time to time. The said partnership firm was named as "Manorath Mercantile Company" and the share of the complainant in the profit of the said firm was fixed at 20%. The capital contribution of the complainant was 12% amounting to Rs. 1.00 lakh in cash and another Rs. 1.00 lakh by cheque paid in favour of the said firm. He further alleged that he was the registered owner of two Tippers bearing Registration No. OR-06-B-4369 and OR-06-B-4378 which were purchased by the complainant on hire purchase for a total consideration of Rs. 14,73,402/- for which the partnership firm stood as guarantor. The complainant entrusted the said Tippers to the accused no. 1 (petitioner no. 1) on monthly rent of Rs. 20,000/- per Tipper with effect from 1.4.1999. The accused persons in collusion With each other formed a new partnership firm by a deed dated 1.4.1999 by dissolving the earlier partnership firm without the consent of the complainant and without settling the accounts of the firm relating to its assets, liabilities and interest of each of the partners. The complainant when demanded for his share in the profit was informed by the accused no. 1 that the installments of the aforesaid vehicles have been paid from is account. The accused no. 1 told the complainant that the balance-sheet and profit and loss account will be sent to him later on. As the complainant did not receive the copy of such balance-sheet and profit and loss account as well as the money towards the monthly rent of Rs. 20,000/- per Tipper from the date of entrustment, the complainant sent a notice dated 2.4.2002 to the accused no. 1 demanding his due share of the property in the partnership and also the monthly rent of the said vehicle. As the accused no. 1 did not respond to the said letter, the complainant proceeded to take back his vehicles in October, 2002 and was Surprised to know that the accused persons in collusion with each other have transferred the ownership of the vehicles to their names and sold the said vehicles to one Kanheiya Choudhury and Rabindranath Choudhury by forging his signature in the transfer application, no objection certificate as well as other documents and dishonestly misappropriated the amount after selling the Tippers. The complainant further alleged that on good faith he handed over the two Tippers with all connected registration certificates to the accused no. 1 and on verbal undertaking by accused no. 1 that he will pay monthly rent of Rs. 20,000/- per Tipper to the Complainant and besides the said rent, he will pay the monthly installment of the said vehicles and will bear all necessary expenses out of the income from the vehicles. But the accused no. 1 conspiring with other accused persons dishonestly transferred the ownership of the said vehicles to their names. He alleged that by such action, the accused persons have committed offences under Section 182/ 406/ 420/ 468 IPC.

(3.) The learned S.D.J.M. on receiving the said complaint petition, as per the provisions of Section 202 Cr. P.C. sent the complaint petition for investigation to the concerned Police; Station. After investigation, the police submitted a charge sheet against the petitioners for alleged commission of offence under Sections 406/ 420/ 468/ 34 IPC. Upon submission of the said charge sheet, the learned S.D.J.M., took cognizance of the offence under Sections 406/ 34 IPC against the accused persons by his order dated 4.4.2005 and issued the, process to the petitioners 1 and 2, who were on ball and N.B.W. against the petitioner no. 3 showing him as absconder.