SHYAM NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER Shyam Nandan Singh and four others have filed this application under section 482 of the Code of Criminal Procedure praying therein to quash the criminal prosecution against them in Complaint Case No. 156(C) of 1996 appertaining to Tr. No. 824 of 1996 pending in the court of the Judicial Magistrate, ist Class, Patna and order dated 12.2.1996 whereby and whereunder the petitioners and others were ordered to be summoned to face trial for offences punishable under Ss. 120 B, 467, 468, 471, 420, 406 and 477A of the Indian Penal Code.

(2.) THE case of the complainant M/s Motel Sayonara through its proprietor Abhirama Devi, who is Opposite Party No.2, in short, is that complainant Motel Sayonara was a partnership firm since 28.3.1985 of which, besides Abhirama Devi, her husband Nawal Kishore Singh and one Rajiv Kumar were partners. On 30.7.1987 the Bihar State Financial Corporation ("Corporation" in short) sanctioned loan of Rs. 19.25 lacs for which equitable mortgage was created by deposit of the title deed and an agreement was executed on 21.11.1987. The land upon which the Motel existed was acquired by Abhirama Devi as her Stridhan property. Naresh Kumar Versus State Of Bihar

(3.) OUT of the sanctioned loan, the Corporation had disbursed only an amount of Rs. 10.87 lacs. It is claimed that the petitioner Shyam Nandan Singh induced the complainant to constitute a fresh partnership firm and for that a private deed of agreement dated 17.9.1990 was created in between Abhirama Devi and the petitioners who became partners, with Abhirama Devi retaining 20% of share, with the condition that the petitioners would pay Rs. 8 lacs to the complainant as well that new partners would repay the loan already advanced from Corporation of which about Rs. 3 lacs were due. Shyam Nandan Singh was to work as Managing Partner.