MANJU KHAITAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application, the petitioner, who is one of the accused, has filed this application under section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding including the order taking cognizance dated 2.12.1995 of an offence punishable under sections 148, 323, 341, 342, 406, 420, 467 and 471 of the Indian Penal Code.

(2.) THE opposite party no. 2, Shankar Lal Khaitan had filed a complaint petition alleging inter -alia that the accused persons including the petitioner has manufactured several forged papers in connivance with each other in order to cheat the complainant. It is further alleged that the accused person prepared forged papers showing the transfer of all the assets of the firm, namely, M/s Universal Transport to the company of M/s. Khaitan Enterprises (Auto) Pvt. Limited, herein after referred to Company. The accused persons have also forged the signature of The complainant and thereby trucks and assets of M/s. Universal Transport transferred to the Company and also disposed of several trucks of the complainant without his acknowledge. It is further alleged that the accused persons, in conspiracy to each other, forged the signature of the complainant in order to deprive the complainant of the shares and properties. It is further alleged that the accused persons have prepared the fake resignation letter with forged signature of the complainant and on the basis thereof they removed the complainant from the Directorship of the Company. It is further alleged that on 5.11.1995 at about 9.00 P.M. the complainant was returning to his home and when reached near the crossing of Boring Road alongwith one Sunil Kumar Singh the car of the accused no. 1 was standing near the Boring Road Crossing. The accused no. 1 was sitting in the Car alongwith other armed musclemen. It is alleged that when the complainant 's scooter reached near the car of accused no. 1, the criminals stopped the scooter and caught the complainant forcibly showing the country made pistol. The complainant was assaulted with fists and blows. The accused no. 1 ordered to take the complainant into his car. The complainant was taken into the car forcibly by the miscreants when the complainant was threatened by accused who was armed with revolver. The sum and substance of the allegation is that by forging certain documents and also having the forged signature of the complainant, the accused persons have misappropriated the hard earned money to the tune of Rs. 40 -50 lacs in a well calculated manner on the basis of the forged documents. The learned Magistrate after going through the complaint petition, the statements made at solemn affirmation including the materials on record took cognizance of the alleged offence against the accused persons including the petitioner.

(3.) IT is then submitted that even if the allegation is accepted as it is, no criminal offence is made out against the petitioner and at best the dispute is of civil nature particularly in view of the fact that both the petitioner as well as the complainant are own brothers. In support of his contention, the learned counsel has relied upon a decision in the case of Transocean Shipping Agency (P) Limited vs. Black Sea Shipping and ors. reported in 1998 S.C. page 709 and also the decision reported in 1991 S.C. page 1531 (Bal Kishan Das vs. P.C. Nayar).