PARDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this petition under Section 482 of the Code of Criminal Procedure, 1973, (for short the Code) Pardeep Kumar petitioner seeks quashment of the proceedings under Section 145 (1) of the Code and the order Annexure P-4 under Section 146 of the Code regarding the attachment of the shop in dispute and appointment of a Receiver.

(2.) The relevant facts are that Smt. Kulwant Rani filed an application dated 21-4-1990 (Annexure P 1 before the Inspector Incharge of Police Station, City Abohar for initiation of proceedings under Section 145 of the Code against her partner Pardeep Kumar petitioner, contending that she along with Pardeep Kumar had started a joint business of General Marchants and artificial jewellery in the name of M/s. Batra Beauty Centre in Khurana Market, Gali No. 12, Abohar, after the parties had executed partnership deed dated 12-12-1989 for cunning this business jointly and stipulating all the terms and conditions regarding the share of respective partners. She further maintained having invested the money on the entire stock of goods of this shop and Pardeep Kumar was only a working partner. Her share in the profit and loss in the business was 75 per cent while Pardeep Kumars share in the profit and loss was 25 per cent. She further averred that she had spent about Rs. 50,000/- and as per separate agreement, Pardeep Kumar borrowed Rs. 48,000/- from her son. She also averred that Pardeep Kumar started misappropriating articles from the shop and has not rendered any accounts of business till the date of filing this application despite her repeated requests. A day before the filing of this application, she tried to take over the stock of the shop in order to ascertain that how much material had been misappropriated by the accused out he tried to assault her and turned her out of the shop saying that he will not leave her alive in case she enters the shop. Again, on the morning of filing this application she went to the shop but Pardeep Kumar did not allow her to enter the shop and used unparliamentary language. She also maintained that Pardeep Kumar had removed one sign board from the shop in dispute and had defaced the other with the help of the point. On receipt of this application, the police submitted the Kalandra on 2-5- 1990 (Annexure P-3) before the Executive Magistrate for initiation of proceedings under Section 145 of the. Code besides requesting for attachment of the property and appointment of a receiver.

(3.) The Sub-Divisional Magistrate, Aboharon the same date passed order Annexure P-4 under Section 145 (1) of the Code, attached the shop in dispute, and appointed Naib Tehsildar, Abohar as Receiver of the same under Section 146 (1) of the Code.