CHANDRA GUPTA TALREJA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioners, who are Accused Nos.1 to 6, in C.C.No.230 of 2018 on the file of the XVII-Additional Chief Metropolitan Magistrate, City Criminal Courts, Hyderabad, filed this Criminal Petition under Sec. 482 Cr.P.C. to quash the proceedings against them in the above C.C, arising out of Crime No.39 of 2017 of Begumbazar Police Station, Hyderabad City.

(2.) The facts, which led to filing of the present Criminal Petition, are that the 2nd respondent/complainant (hereinafter referred to as the "2nd respondent ") filed a private complaint against the petitioners/A-1 to A-6 before the XVII Additional Chief Metropolitan Magistrate, Hyderabad, for the offences punishable under Ss. 420, 468, 471, 451, 324, 506 read with Sec. 34 of I.P.C., and the same was referred to the police under Sec. 156 (3) of Cr.P.C. for investigation and report. Basing on the said reference, the police, Begumbazar Police Station, Hyderabad City, registered a case in Crime No.39 of 2017 and took up investigation. After completion of investigation, the police filed charge sheet. The allegations in the charge sheet are that the 2nd respondent is the wife of Shrichand Kumar Talreja and in the year 1970, A-1 and her husband and her father-in-law, V.G.Talreja, constituted a Firm by name Pamul Industries and got it registered with the Registrar of Firms vide Registration No.964 of 1970, dated 25/02/1970. Thereafter, A-1 with dishonest intention to cheat the husband of the 2nd respondent and to grab the share, submitted Form No.V i.e., notice of change in the constitution of Firm or of the dissolution of the Firm without the knowledge of the husband of the 2nd respondent by showing the name of the husband of the 2nd respondent as Outgoing Partner with forged signature and included the names of A-2 and one Rajendra Kumar in the said Firm, dated 18/08/1988, as Incoming Partners, but it was rejected due to mismatch of signatures of the husband of the 2nd respondent. Again A-1 in collusion with A-2 prepared an affidavit and filed it before the Registrar of Firms stating that the signature submitted is that of the present signature of the husband of the 2nd respondent. In the year 1993, A-1 submitted Form No.V and mentioned the names of A-2 and Rajendra Kumar as outgoing partners and took the entire Firm in the names of A-1 and late V.G.Talreja, father-in-law of the 2nd respondent. It is also stated that in the year 1999, V.G.Talreja expired and in the year 2010, A-1 submitted Form No.V by mentioning that A-2 is Incoming Partner and V.G. Talreja was Outgoing Partner and got it registered in the name of A-1. Thereafter, the husband of the 2nd respondent died on 15/02/2015 and after the death of her husband, 2nd respondent demanded her share, but the accused refused the same. It is further alleged in the charge sheet that on 01.01.2017 at about 8.30 P.M., when the 2nd respondent and her family members were present in the house, the petitioners came to her house and forced her to sign on N.O.C., and when she refused the same, A-1 beat her and abused her in filthy language and threatened with dire consequences and fled away from the spot. A-1 to A-4 are the present owners of Firm titled as Pamul Industries, which clearly shows that A-1 and A-2 colluded with each other with dishonest intention to cheat the 2nd respondent and her family members in order to grab the share of the husband of the 2nd respondent by forging the signatures of the husband of the 2nd respondent and transferred into their names and when they questioned about their share, they beat one Dinesh Sharma and threatened with dire consequences. The said charge sheet was taken cognizance as C.C.No.230 of 2018.

(3.) Heard the learned Counsel appearing on either side and perused the record.