- (1.) Heard Mr.A.P.Singh and Mr.Anil Kumar Tiwari, learned counsels for the petitioners and Mr.Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State as well as Mr.P.K.Singh, learned counsel for the respondent No.3.
(2.) The petitioners have challenged the proceedings of Case No.2073 of 2007, arising out of Case Crime No.209 of 2006, under Sections 420, 467, 468, 471, 120-B, 506 and 384 IPC, Police Station Vikas Nagar, district Lucknow, pending in the court of Judicial Magistrate-II, Lucknow, on the ground that the dispute is of a purely civil nature, as there is a dispute of partnership deed.
(3.) It is stated that on arising out of dispute between the partners under the clause of agreement, there is an Arbitration Clause to settle the dispute through the Arbitrator, therefore, there is no question to initiate the criminal proceedings in the matter. However, upon perusal of the record, I find that there is allegation for preparation of forged retirement deed. There is also some more fabrication in the documents, which has been found after investigation, which is established through the statement of witnesses.;