SUSHIL CHOUDHARY Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) In this Criminal Miscellaneous Petition filed under Sec. 482, Crimial P.C. the petitioner is challenging order dated 2.11.2010 passed by Special Judge SC/ST (Prevention of Atrocities) Act Cases, Jodhpur in Criminal Revision No. 26/2010, by which, the revisional Court upheld the order dated 18.2.2010 passed by Addl. Chief Judl. Magistrate No. 2, Jodhpur in Criminal Regular Case No. 528/2009, whereby, charges under, Sections 420, 467, 468 and 471 I.P.C. were ordered to be framed against the petitioner.

(2.) As per fact of the case, respondent No. 2 filed complaint against the petitioner at Police Station Pratap Nagar- (Jodhpur) in which it is alleged that his wife Anita started a firm in the name of Jodhpur Computer Services in the year 1985, thereafter, due to increase in business of the firm, in the year 1999, two new partners were introduced viz., Sushil Choudhary and Sanjana Purohit and a partnership deed was executed for the said purpose and duly registered.

(3.) After registration of the partnership deed, a branch of the firm was opened at Kamla Nehru Nagar, Jodhpur and all expenditure was borne by the Jodhpur Computer Service. With passage of time due to increase of the turn-over of the firm the petitioner developed ill will and, for the purpose of committing forgery, he approached Sanjan Purohit on 4.4.2002 and asked her to give a letter head of the firm duly signed by her for the purpose of getting the title and logo of the firm. As per allegation in the complaint Sanjana Purohit gave blank letter-head to the petitioner who was partner of the firm and thereafter the petitioner used the signed blank letter head while fabricating receipt in back date, in which, it is declared that computer and furniture and other articles of the branch are sold to him.