HELENA G Vs. ALI MOHD PARRAY

JUDGEMENT

(1.) CRIMINAL proceedings launched, based on a complaint filed by respondent no.1 (complainant) are challenged as being aimed at harassment amounting to abuse of process of court and being violative of norms of justice.

(2.) BASICALLY son of the complainant, respondent no.2 herein and the petitioner have entered into a partnership whereunder they have agreed to carry partnership business under the name and style of M/S COCO at Firm 3527, Off Domlur Service Road, 13th Main, 1st Gross, Indira Nagar, Bangalore, even open to the parties to carry on business at any additional place(s) as may be mutually agreed between them from time to time. Date of commencement of partnership has been 15.08.2006. Garments, Fabric designing, Job work, Hospitality Services, Consultation etc. was to be dealt with in partnership business and change of nature of business with the condition to carry on business or any additional business will be on agreement of the partners. In case of dispute between the partners, matter has to be dealt with by referring the dispute to the Arbitration.

(3.) COMPLAINANT , father of Imshan partner of the firm has filed a complaint against petitioner alleging therein that his son and the accused (petitioner herein) are running the business under the name and style of M/S COCO at Bangalore, in that connection complainant used to visit Bangalore and accused also used to visit Srinagar. According to respondent no.1 (complainant) on 01.09.2006, petitioner asked him for money in lieu of which, the petitioner would send the silk garments to him for sale at Kashmir.