ASHOK KUMAR Vs. BUHUPINDER KUMAR

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure has been filed by the Petitioner with a prayer that order dated 06.12.1999 passed by the Chief Judicial Magistrate, Jalandhar and the order dated 03.02.2003 passed by the Additional Sessions Judge, Jalandhar be quashed.

(2.) THE Respondent -Bhupinder Kumar Aggarwal filed a complaint against the Petitioner under the provisions of Sections 467/471/120B of the Indian Penal Code with the allegations that the complainant and his father had executed a partnership deed dated 04.02.1974 and formed a concern under the name and style of M/s Hind Murti Engineering. Subsequently, the Petitioner -Ashok Kumar was inducted as a partner in the aforesaid concern to the tune of 50% of the share father of the complainant died on 27.01.1992 and under the new formulation, the Petitioner and the complainant became partners to the extent of 50% each. It was alleged that there was a clear stipulation under the partnership deed that in case of retirement or dissolution of the firm, the Petitioner would be entitled to receive only the balance amount standing in his -credit in the account books of the firm and shall have no right to claim any share in the goodwill and fixed assets of the firm. However, differences arose between the partners which made it impossible for them to pull along.

(3.) THE complainant alleged that there was no dissolution of the firm as stated by the Petitioner and that the document which had been tendered indicating the dissolution of the firm was in fact a forged and fabricated document, which was procured with the connivance of Sh. Alok Kumar, Sh. Gurcharan Singh and Dipin Kumar, who were arrayed as accused Nos. 2 to 4 in the complaint preferred by the complainant.