INDER CHAND BAGRI Vs. JAGADISH PRASAD BAGRI
LAWS(GAU)-2018-2-74
HIGH COURT OF GAUHATI
Decided on February 13,2018

Inder Chand Bagri Appellant
VERSUS
Jagadish Prasad Bagri Respondents

JUDGEMENT

MIR ALFAZ ALI - (1.) Both the petitions u/s 482 CrPC have been filed for setting aside the order dated 25.2.11 in CR Case No. 3230C/2013, whereby learned trial court having taken cognizance, issued process against the petitioners and also for quashing of the proceeding in the above mentioned complaint case.
(2.) The complainant/respondent No. 1 lodged the complaint against the petitioners alleging that the complainant along with petitioner Sri Inder Chand Bagri, Bhagwandas Bagri, Ramkishan Bagri, Shyamsundar Bagri and Jagadishprasad Bagri constituted a partnership firm under the name and style of "M/S Inderchand Bagri and Brothers" for setting up awarehouse/go-down to be given on rent. All the partners, except the petitioner Inder Chand Bagri, contributed their share of capital equally in terms of cash money. As the petitioner Inder Chand Bagri was in financial hardship, he contributed a plot of land as his share in the partnership business. The said plot of land, situated at Jaynagar Road near NH - 37, which the petitioner Inder Chand Bagri contributed as his share of capital to the partnership business, became the property of the partnership firm "M/S Inderchand Bagri and Brothers" as per terms of partnership agreement. The complainant and other partners including the petitioner Inder Chand Bagri constructed a warehouse covering a floor area of 29,000/- sq. ft. approximately, which was rented out to different tenants. The petitioner Inder Chand Bagri was entrusted to look after the business including collection of rent from the tenants on behalf of the firm. It has been stated that till March, 1993, the petitioner Inder Chand Bagri was submitting the accounts of profit and loss to the other partners and thereafter, the petitioner Inder Chand Bagri neither submitted the account of profit and loss of the firm, nor paid the share of profits to the partners. In spite of repeated request to submit the accounts with regard to profit and loss of the firm and their due share, the petitioner Inder Chand Bagri was delaying the matter. When in the month of August 2011, the complainant visited the registered office of the firm, he could know that the petitioner Inder Chand Bagri sold the entire property of the firm including the warehouse/go-down to the petitioner No. 2, Shri Ajit Kumar Bagri by a registered sale deed No. 5359/2011. It was alleged that Inder Chand Bagri was entrusted with the property of the firm and he had mis-appropriated the property of the firm by converting it to his own use and thereby caused wrongful loss to the complainant and other partners and wrongful gain to himself. Hence, the complainant lodged the complaint. Learned Magistrate took cognizance of offence u/s 406/420 read with section 34 of the IPC by the impugned order dated 25/02/2014 and issued process against Sri Inder Chand Bagri and Ajit Kr. Bagri, who are the petitioners in Crl. Pet. No. 190/15 and Crl. Pet. No. 620/2014, respectively.
(3.) Aggrieved by the impugned order of taking cognizance and issuing process, the petitioners have filed the above mentioned petitions for quashing the proceeding.;


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