VIJAY RATRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction under Section 482 Cr.P.C seeking quashing of the complaint no. 59/4 dated 11.3.2020 and two orders passed on the same day by the Executive Magistrate in exercise of powers under Section 145, 146 Cr.P.C.

(2.) In the considered view of this Court, following questions/issues need adjudication:-

(3.) Some facts are required to be noticed. It is undisputed that the petitioner- Vijay Ratra was running an industry and respondent no.2 - Raj Kumar Ratra later on joined the aforesaid business. The factory premises are constructed over two adjoining plots no. 116 and 117 IDC Area, Hisar Road, Rohtak. After respondent no.2 had joined, the business was being run in partnership under the name and style of M/s Abhishek Industries. On 26.8.2019, a deed of dissolution of the partnership was reduced into writing and the petitioner herein took over all assets and liabilities of the firm as on 26.8.2019. Of course, it was recorded that party no.2 i.e Raj Kumar Ratra has taken over possession of plot no. 116 IDC, HIsar Road, Rohtak. The dissolution deed was forwarded to the District Registrar of Firms, Rohtak who acknowledged its receipt on 17.9.2019.