DINESH KUMAR SINGH, J. - (1.) This writ petition has been filed for quashing of the First Information Report arising out of Case Crime No.349 of 2017, under Sections 265, 267, 420, 467, 468, 471, 484 IPC, Section 3/7 Essential Commodities Act and Sections 12, 26, 30 Legal Metrology Act, Police Station Chinhat, District Lucknow.
(2.) In the year 1998, dealership of petrol pump in the name of M/s Saket Filing Centre was given to Mr. L.C. Gupta, the husband of the petitioner by the IBP Company Limited which has now got merged with Indian Oil Corporation. The dealership has been carried on in the name and style of M/s Saket Filling Centre. It is averred in the writ petition that in the month of June 1991, husband of the petitioner developed serious heart ailment and was operated upon. The petitioner got inducted into the business of the dealership as a sleeping partner and a partnership deed dated 1.4.1992 was executed in which the husband of the petitioner and the petitioner are two partners.
(3.) The important clauses of the partnership deed dated 1.4.1992 between the petitioner and her husband are extracted herein below:- "6. That the capital of the Firm shall be contributed as may be required by each parties as may mutually agreed upon from time to time. The Second Party shall also contribute her piece of Land situated at village Anaura which is valued at Rs.25,000/- in addition to her Cr. Balance to the loan amount of the firm as on 31.03.91. 7. That all the partners shall be working partner and shall be entitled to draw salary in their profit sharing ratio to the extent of the net profit as may be permitted as allowable expenditure to the firm under the provisions of the Income Tax Act and Rules. 8. That the remaining Profit and Losses of the firm shall be divided amongst the parties as under:- First Party - 55% Second Party-45% 9. Regular books of account shall be maintained to record day to day businesses transaction of the firm and the same shall be open to inspection of the parties at all times. Books of accounts shall be closed on 31st of March each year. 10. The bank account of the Firm shall be opened in any Scheduled Bank or Banks under the signature of any partners and the same shall be operated by any person authorised by the partners. 11. As has been mutually agreed between the present parties that they shall be entitled to get interest at such rate per annum on their credit balance of capital as may be permitted under the provisions of the Income Tax and Rules. 12. The partnership Firm may borrow money from time to time from persons, Firms, Companies or Banks, Such monies may be required for the purpose of business as deposits or loans at an agreed rate of interest. 13. That in the event of death of any parties to this Deed, the entire rights and privileges enjoyed by such party shall be automatically be vested with his/her legal heirs as the case may be. 14. Any of the parties of the firm shall be entitled to do any or all of following acts of Deed which are necessary to be done in connection with the execution of the contract or Contracts:- (a) To obtain tender forms and sign the same for and on behalf of th Firm. (b) To prepare and submit bill and also to sign the same for and on behalf of the Firm. (c) To collect dues including cheques etc. from the contracting party (Departments) and to grant receipts therefore and on behalf of the Firm. (d) To receive, correspondence from the contracting parties and to send replied thereto for and on behalf of th Firm, and (e) To deals such things which are necessary and incidental to the carrying on of the business of the Firm. 15. All disputes and differences whatsoever which shall either during the partnership or after the termination thereof, arises between the partner or their respective representatives or between any partner(s) touching these presents or the construction or application thereof, or any clauses or thing herein contained or any account, valuation division, debits or liability be made hereunder or as to any act, deed or omission of any duties of the partners or as to any matter in or the rights, duties/liabilities of any person under these presents, shall be referred to arbitration of the arbitrators one to be appointed by each party to the difference, in accordance with the subject the provisions of the Indian Arbitration Act , 1949 or any Statutory modification of re-enactment thereof for the time being in force and the award of such arbitrators of the Umpire, as the case may be, shall be binding on all the parties to the said disputes." ;