MUNSHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard counsel for the parties and perused the orders passed by the Courts below.

(2.) Complainant Iqbal Singh, partner of M/s. Hotel Kohinoor lodged a written report on 20-8-2003 at Police Station, Jalupura, Jaipur against the present petitioners alleging therein that for the purposes of running the hotel and for its management he had entered into license agreement with petitioners Munshi Ram Tutlani, Vijay Tutlani, Pawan Tutlani and Shyam Sunder Tutlani who are partners of M/s. Vijay Kumar and Company. According to the terms and conditions of license, M/s. Vijay Kumar and Company had to pay license fees of Rs. 3,61,000/- per month to the complainant, after deducting income-tax TDS. The said company continued to pay license fee in terms of license agreement till March, 2003, and thereafter it paid license fees after deducting TDS to the tune of 20.5%, but the partners of the Company did not deposit with the income-tax department the amount payable to it. It was further alleged that for last two months, the partners of M/s. Vijay Kumar and Company have completely stopped the payment of license fee to him. On 18-8-2003 the complainant received a letter of M/s. Vijay Kumar and Company, stating therein that complainant had entered into an agreement to sell Hotel Kohinoor on 5-10-2002 with the partners of M/s. Vijay Kumar and Company and as a consequence thereof he received a sum of Rs. 1,60,00,000/- (one crore sixty lacs) and executed a receipt. Having gone through the letter, the complainant came to know that the partners of M/s. Vijay Kumar and Company have hatched conspiracy, thereby prepared a forged agreement and a receipt in his name and signatures and that under the garb of forged documents they are trying to swallow up the hotel. Lastly, the complainant alleged that on 19-8-2003 Munshi Ram, Pawan and Vijay Tutlani broke open the lock of his office situated in Hotel Kohinoor and committed theft of some important papers of the hotel, bank papers lying on the table and Rs. 50.000/- kept in the locker of the table.

(3.) On the basis of above written report, the police registered a case for offence under Sections 420, 467,471,120-B,452 and 380, IPC vide FIR No. 177/2003 against the present petitioner and proceeded with the investigation. Having completed investigation, the police submitted a charge-sheet against the petitioners, prima facie making out a case for offence under Sections 406, 467, 568, 471 and 120-B, 453 and 380, IPC.