OM PARKASH CHHABRA Vs. CHAND PARKASH CHHABRA

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 14.8.2019 passed by the trial Court vide which the application filed by the petitioner-complainant under Section 311 C.P.C. in Criminal Complaint No. CHI/31547/2013 DATED 19.10.2011 under Sections 420, 465, 467, 468, 471, 506, 120-B IPC was dismissed.

(2.) Brief facts of the case are that the petitioner has filed the aforesaid complaint with the allegations that in the year 1967 he had taken two shops from accused/respondent No.2 on rent. Later on, in the year 1981, the brother of the petitioner, namely Suraj Parkash and Chand Parkash Chhabra (complainant-respondent No.1) joined him in the business and they created a firm M/s Chhabra Sweets and Cafeteria. Later on, a dispute arose amongst the brothers with regard to the firm which led to civil and criminal litigation between the three brothers/their LRs.

(3.) It is further stated that the petitioner filed a suit for declaration, separate possession and rendition of accounts against his two brothers on 8.1.1995, which was decided in favour of the petitioner vide judgment and decree dated 4.3.2004 and appeal filed before the lower appellate Court was dismissed on 27.7.2005 and the appeal, i.e. RSA No.96 of 2006, filed by the brother/LRs of the is pending admitted. It is further stated that in the year 2009, the petitioner came to know about the forged agreement dated 24.10.2001 which was allegedly executed by respondent No.2 in favour of respondent No.1 in which the respondent No.1 claimed himself to be in exclusive tenant of the shop. Later on, a suit for injunction was filed by respondent No.1 against respondent No.2 which was decreed by the trial Court vide judgment dated 14.2.2007.