Decided on May 17,2012

Harbansh Lal Sharma And Another Appellant
State of Uttarakhand and another Respondents


- (1.) By means of this petition, prayer has been made to quash the order of cognizance dated 25.6.2007, passed by the learned Additional Chief Judicial Magistrate Ist, Haridwar, as well as the entire proceedings of Criminal Case No. 503/2007.
(2.) Having heard learned Counsel for the parties, it transpires that the applicants petitioners Harbansh Lal Sharma and his son Sardari Lal Sharma and the complainant/respondent no. 2 Subhash Chawada were having very good relations with each other. The applicants used to run a woolen and hosiery factory at 39, Industrial Area, Bahadrabad, Haridwar. This factory was situated in an area of 972 sq. mt. The applicants suffered financial loss in the said business and incurred debt from Uttar Pradesh State Industrial Development Corporation (for short, UPSIDC). Since applicants were having good terms with the complainant Mr. Chawada, therefore, in order to discharge his burden of debt and to strengthen their business, the applicants offered and invited him to become a partner in the said business. Mr. Chawada felt the offer lucrative and decided to invest his money in the business of the applicants. So, he readily accepted their offer and acquired 49 per cent stake in their business by paying rupees one lakh to the applicants and further rupees two lakhs ninety two thousand to the UPSIDC towards repaying the debt of the applicants. A partnership deed was prepared on 4.10.2005.
(3.) Subsequently, differences cropped up between the parties and they could not sail together. So, Mr. Chawada moved a complaint under Section 156(3) CrPC on 30.10.2006, whereupon the Magistrate directed the police to lodge the FIR. The same could be lodged on 14.11.2006. The investigation resulted in submission of chargesheet against the applicants for the offences under Section 406, 420, 506 IPC. Thereafter learned Magistrate took cognizance of the offences and vide order dated 25.6.2007, summoned the accused applicants to stand trial for the aforesaid offences.;

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