JAYANTI PARKASH GOENKA S Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, against whom charge has been framed vide impugned order dated 12.12.2011 under Sections 420/467/468/471/379/506 read with Section 120 -B IPC, has filed this criminal revision petition challenging the said order.

(2.) BRIEF facts of the case are that the complainant -Nand Kishore Goenka (i.e. Father of the petitioner) filed a complaint against the petitioner submitting that the petitioner being his eldest son used to manage the entire business of the firm, of which he was the sole proprietor. He had also given a general power of attorney to the petitioner -accused for operating the SBI account. The petitioner had played a fraud upon him by forging a document alleged to be an agreement for transferring the property of M/s Jayanti Timber Industries (firm) in his favour and on the basis of that forged document, he closed the account of the said firm and got a new account opened in his own name as proprietor and he further misappropriated the amount of cheques in connivance with the other accused and committed theft of the account books of his firm and also of his three sons and his wife, ledger book, cash book, income tax file, cheque book, pass book in order to misuse them for his personal use. Since, no action was taken on his complaint made to the police, the instant complaint was filed in the Court.

(3.) ALL the accused as mentioned in the complaint were summoned vide order dated 7.8.1997 under Sections 420/467/468/471/379/506 read with Section 120 -B IPC. During the trial, the complainant died and his son Krishan Kumar Goenka i.e. respondent No.2 contested the complaint on his behalf, who was allowed to proceed vide order dated 20.5.1997.