MULK RAJ SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State as also learned counsel for opposite party No 2.

(2.) THE petitioner is aggrieved by the order dated 5.7.2001 passed by Shri A.K. Rai, learned Judicial Magistrate 1st Class, Dhanbad, in G.R. No. 1791 of 1998 whereby, the application filed by the petitioner for discharge was rejected by the Court below finding that there are materials for framing the charge under Section 409 of the Indian Penal Code against the petitioner.

(3.) LEARNED counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal, inasmuch, as in the facts of the case, no offence can be said to be made out against the petitioner, who being the partner of the firm had received the money. Learned counsel has submitted that the matter ought to have been referred for arbitration in terms of arbitration clause in the Deed of Partnership.