- (1.) This relates to an application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure.
(2.) Petitioners, by filing this application, sought for quashing of the proceedings of G. R. Case No. 1131 of 2004 now pending before the learned Court of S.D.J.M., Howrah. It arises out of Malipanchghora Police Station Case No. 55 of 2004 dated 29.4.2004 under Sections 406/420/467/468/469/120B/34 of the Indian Penal Code. Grievances of the petitioners may briefly be stated as follows: The business of Premier Engineering Works situated at 194/1/7, G.T. Road (North), Shalkia, Howrah, has two units. The petitioner No. 1 and the husband of O.P. No. 2, since deceased and others were its partners. The petitioner No. 1 s son, namely, Rakesh Garg used to look after the business in absence of O.P. No. 2 and her late husband. They were voluntarily entrusted with the care of the said business. The husband of O.P. No. 2 since retired from partnership agreement leaving others to carry on with the same as its remaining partners. O.P. No. 2, however, filed an application before the learned Court of Chief Judicial Magistrate, Howrah with prayer for direction upon the concerned police authority to investigate into the matter, treating the said complaint as FIR under Section 156(3) of Cr.P.C. In the said complaint, it was alleged that her husband was a partner of 25% shares in the aforesaid business. He had other properties and business at Howrah, Gorakhpur (U.P) at Barnala and others - with the petitioners and others as partners. He had a residential house within the factory premises at Howrah. Till February, 1995, such complainant and her husband were in the said premises at Howrah along with the petitioners and other members of the family. When the complainant and her husband had been to Barnala, Punjab to look after their hospital named as Punjab Relief Society Hospital , they put a padlock on the door of the living room and entrusted the key of the room to the petitioner No. 1. They requested the petitioners to take care of the room. They kept in a cupboard a lot of shares and debentures of various blue chip companies viz. State Bank of India, Rolta etc. worth about Rs. 3,40,000/-, Savings Bank Account Pass Book of S.B.I., Liluah Branch and unused cheques from 155692 to 155700 as well as valuable documents of different banks business accounts, cash certificates etc. The complainant on good faith asked the petitioners to carry on with the business of both the units.
(3.) On 16.10.2002, after return, the complainant found that their living room had been occupied by the petitioners. On further check, it could be gathered that valuable share certificates, pass book and cheque book in the name of the complainant as well as other documents, which were left behind, were not available. On further enquiry, it could be gathered that the two cheques of her accounts, which were kept by the complainant had already been used. One of those cheques being No. 155692 for an amount of Rs. 72,000/- had been cleared on 21.6.2000. The complainant never issued and signed the said two cheques for withdrawal of money from the bank nor the same were used for any payment to any other party. The complainant was surprised to discover that during their absence, the accused persons used the cheques and deposited the same and different amounts of money were withdrawn. This gave rise to the suspicion that her cheque book and the pass book of the State Bank of India, Liluah Branch were being forged by the accused person.;