SUSHEELA DEVI Vs. MUNISH KAPOOR

JUDGEMENT

(1.) Through the instant petition the aforesaid four petitioners seek quashing of the complaint (annexure-'B') filed by Muneesh Kapoor respondent (hereinafter for short complainant) for the offences punishable under Sections 193/465/34 RFC and the order dated 14-05-2004 (annexure-'C) passed by the learned Munsiff (Judicial Magistrate First Class) Reasi, whereby process has been issued against them to face trial.

(2.) Trial Court record has been summoned and this virtually amounts to stay of proceedings.

(3.) The case set up by the complainant is that his grand-father Shri Moti Ram was adopted by one Mst. Heeran Wd./o Dittu who owned a Kacha house with open land attached thereto and a shop built in the Abadhi-deh situate at Main Bazar near Bus Stand, Katra. After the death of the aforesaid Heeran, Moti Ram had become the exclusive owner in possession of the aforesaid property and made certain improvements in the shop from time to time. After the death of Moti Ram, his son Om Parkash (father of the complainant) came into exclusive possession of the said property and by making further improvements in it, constructed eight shops on the ground floor and twenty rooms on the first floor and the second floor. Out of the eight shops on the ground floor, six shops were let out to different persons namely Rattan Lal (father of Kamal Kishore peti-tioner-3), Rakesh Kumar (brother of Ashok Kumar petitioner-4), Sharuti Sagar; Behari Lai; Parma Nand and Krishan Chand. The remaining two shops remained in possession of Om Parkash and in one of the shops he started his business activities in the name and style of "M/S State Handloom and Handicraft'. Petitioner-2 (Kamal Abrol) was employed as Salesman at this shop. All other shops on the first floor were being run in the shape of a Hotel.