Sandeep Mehta, J. - (1.) The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 10.10.2011 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur in revision, whereby, the order dated 20.12.2010 passed by the learned Addl. Chief Judicial Magistrate, No. 3, Jodhpur in Criminal Regular Case No. 468/2008 framing charges against the petitioner for the offences under Sections 420, 467, 468, 471, 477 and 120-B I.P.C. was affirmed.
(2.) Briefly stated the facts necessary for the disposal of this misc. petition are that the respondent No. 2 filed a complaint against his brother Inder Kumar in the Court of the learned Addl. Chief Judicial Magistrate, No. 3, Jodhpur. As per the allegations levelled in the complaint, Purshottam Das Murjani, the complainant's father was allotted two shops, one being Shop No. C-16 situated at Paota Sabzi Mandi and the other being Shop No. 1 situated at Bhadwasia Krishi Upaj Mandi at Jodhpur. The complainant's father was a wholesale dealer in trade of vegetables.
(3.) It was stated in the complaint that from the profits of the business, Shri Purshottam Das Murjani deposited various amounts in the FDRs in his own and his wife's name. The complainant's mother Smt. Janki Devi expired on 11.9.2005 and, thereafter, Shri Purshottam Das Murjani, the complainant's father also expired on 7.1.2006. That after his father's death his brother Inder Kumar took care of him as his child for a few months and promised him that he would transfer ownership of the Shop No. 1 situated at Bhadwasia Krishi Upaj Mandi to the complainant. It was also promised that all the deposits and investments made by late Shri Purshottam Das Murjani shall be equally distributed between the two brothers. The accused Inder Kumar thereafter developed ill motive and with the fraudulent intention to cause wrongful loss to the complainant, profits from business and valuable securities were malafidely usurped by the accused in his own name by creating forged documents. It was also alleged in the complaint that accused Inder Kumar created a forged partnership deed for transfer of the shop in his own name in connivance with the clerks of the Bhadwasia Krishi Upaj Mandi Samiti. It was alleged that Durga Ram Dewasi, the petitioner herein was the confidante of Inder Kumar and through him, Inder Kumar procured a stamp dated 19.5.2004 for creating a fictitious partnership deed. Thereafter, Inder Kumar forged a partnership deed in connivance with one Tara Chand so as to banish the complainant from the partnership to which he was entitled. Thereafter, the accused managed to either procure the signatures of his father on a blank stamp paper or that he forged the signatures of late Shri Purshottam Das Murjani on the documents.;