MADAN MOHAN SHARMA Vs. RENUKA SHARMA

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Criminal Procedure Code) for quashing the cognisance taken by the Chief Judicial Magistrate, Patna on 1.5.1980 against the petitioners in complaint case No. 129 (c)/80 and consequently the further proceedings pending in the court of the Sub -divisional Magistrate, Patna to whose file the case has been transferred.

(2.) THE complainant in the case (opposite party) Smt. Renuka Sharma is the widow of late Sri Ram Binod Sharma who died on 30.1.1980. Petitioner No. 1 Sri Madan Mohan Sharma is the elder brother of late Sri Ram Binod Sharma. Petitioner No. 2 Smt. Mandakini Sharma is the wife of petitioner No. 1 and petitioner No. 3 Sri Chaturbhuj Sharma is a cousin of petitioner No. 1. Petitioner No. 4. Abhava Nandan Singh is a stranger to the family.

(3.) THE complainant says that she was completely ignorant about all that has been said above rather her husband was all along telling her that after his death she and her son would step into is shoes as partners of that firm and there would never be any financial difficulty. She however, claims that in Company Case No. 6 of 1978 pending in this High Court, when she filed an application on 28th March, 1980 for intervening as a partner, some such observation was made by Sri. S.C. Ghosh counsel of the other side that made her suspicious about it and. then she started probing into the matter through her relation Sri S.N. Singh. It was then discovered that the signature of her husband in the notice aforesaid was forged showing him as a retiring partner. She could somehow obtain a photostat copy of that notice and she got the signature of her husband appearing thereon compared with some genuine signatures. The expert found the signature on the notice to be a forgery and, thereafter she filed a complaint against the petitioners for prosecuting them under Sections 120(b), 468, 471, 420 and various other Sections of the Indian Penal Code.