- (1.) Leave granted.
(2.) A complaint petition was filed by the respondent No. 1 herein in the Court of Metropolitan Magistrate, 30th Court at Kurla. It was registered as Case No. 271/M of 2002; Accused Nos. 1 to 6 thereof were partners of M/s. N.M. Raiji and Company and Accused No. 7 was its employee. Appellants herein who were arrayed as the Accused Nos. 8 to 13 were partners of another firm known as M/s. Gandhi Dalal and Shah. The said firm was earlier known as Dalal and Shah. Out of the said accused, Accused No. 8 Mr. Y.C. Amin has expired. In the aforementioned complaint petition, allegations were made that all the accused persons conspired with each other so as to deprive the complainant from deriving the benefits of a firm by dissolving the firm N.M. Raiji and Company behind his back.
(3.) It appears that the firm 'M/s. Gandhi Dalal and Shah' which was constituted with effect from 1.02.2000 was cancelled from the very inception as the same is said to have not been acted upon. The name M/s. Gandhi Dalal and Shah was surrendered to the Chartered Accountants of India. Indisputably, in the complaint petition itself, it has been accepted that the said M/s. Gandhi Dalal and Shah is no longer in existence. It has further not been disputed that one Mahendra Thakkar also signed in the original deed of partnership dated 10.02.2001. In relation to the cancellation of the said partnership, it is alleged: "The Complainant states that they have with some dishonest intention have not prepared any Deed of dissolution which is mandatory for cancellation of any Deed of partnership. Merely by canceling Deed on piece of paper has no meaning in the eyes of law and it is misguiding but in law the Deed of partnership will remain in force till it is dissolved by deed of dissolution. The Accused have again played fraud upon the complainant by misrepresenting him that they have cancelled the Deed of partnership. They have also filed false documents with Institute of Chartered Accountants in order to commit fraud.";