JUGAL KISHORE SARAF Vs. TEJNARAIN SINGH

JUDGEMENT

(1.) This is an application for quashing the proceeding pending before the Chief Judicial Magistrate, Patna, against the petitioner. The proceeding against the petitioner was instituted on a complaint filed by the opposite party. The petition of complaint is annexure 1 to the application.

(2.) The complaint alleged in his complaint petition that till 1973 he was one of the partners of the firm M/s Standard Mercantile Company with its Head Office at Chandra Gupta Path, Patna. There were five other partners in this firm including Shri Basudeo Agrawal. The firm had obtained a contract for supply of barrage gates from the Executive Engineer, Salandi Barrage Division Kaonghat, Orissa under an agreement dated 5.1.1966. For the efficient execution of the above contract, the firm opened an Engineering Division at Calcutta. Eventually the partners of the firm agreed to assign to the petitioner the right, title and interest of the engineering division for a sum of Rs. 20,000.00 and it was alleged that a deed of assignment was accordingly drawn up as mutually agreed in favour of the petitioner at the firm's head office at Patna. The opposite party and Shri Busudeo Agarwal put their signatures on the last page of the deed at Patna on 11.6.1969. The other partners could not sign it on that date as they did not happen to be present here. The complainant alleged further that the petitioner took away the deed from him representing that he would get it signed by other partners and he promised to return the deed. The petitioner also gave a cheque for Rs. 20.000.00 which was to be encashed after the deed was completed. The petitioner however never turned up and the complainant learnt from a letter dated 30.10.1974, written by the farm's representative at Calcutta that the petitioner had produced a photostat copy of certain deed of assignment before the Executive Engineer Salandi Dam Division, which purported to have been signed by all the partners of the firm. It is now admitted that the petitioner has filed a suit against the Executive Engineer and others in Orissa Court for recovery of Rs. 1,00,000.00 on the basis of the aforesaid deed of assignment. The complainant alleged further that the office copy of the deed of assignment had been retained in office of firm and when the photostat copy was compared with the same it transpired that the entire assignment deed had been substituted by a forged deed bearing forged signature of the partners.

(3.) The complaint was filed on 27.1.1975 on which date the complainant was examined on solemn affirmation. The magistrate directed the complainant to produce witnesses on the following day. One witness was examined on behalf of the complainant on 28.1.1975 and on 11.2.1975 the learned magistrate passed the impugned order taking cognizance against the petition for offences under Sections 467 and 468 of the Indian Penal Code,1860