MOHINDER NATH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these petitions arise out of the same FIR and involve identical questions of facts and law, therefore, both the petitions are being disposed of by a common order.

(2.) Petitioners are accused in case FIR No. 25/2020, dtd. 7/3/2020, under Ss. 420 and 406 of the Indian Penal Code ( for short 'IPC'), registered at Police Station Dharampur, District Solan, H.P.

(3.) The case was registered on 7/3/2020 and is still under investigation. An application under Sec. 156(3) Cr.P.C. filed by complainant was the source for registration of the FIR. It is alleged against petitioners that petitioner Mohinder Nath Sofat was allotted a Petrol Pump at Dharampur, District Solan H.P. on 16/1/2002. He associated complainant for the purpose of investment of resources. An oral partnership came into being between petitioner Mohinder Nath Sofat and complainant. Later a partnership deed was executed 25/4/2013. Complainant had 49% shares and petitioner Mohinder Nath Sofat had 51% shares. Complainant invested approximately Rs.34.00 lacs. Later a dispute arose between the parties. Various litigations including Writ Petition, Criminal Proceedings, Civil Suit and Arbitration proceedings came to be instituted by the respective parties.