High Court of Kerala
Thomas P. Joseph, J.
Rocky - Appellant
Versus
Vakkachan - Respondent
Crl.R.P. No. 598 of 2009
Decided On : 02-07-2009
Petitioner who is the complainant in the Court below requested that Court to reopen the case to adduce further oral and documentary evidence. He also requested that the original of a partnership deed which is alleged to be forged by respondent No.6 be summoned from one P.V. George. Learned Magistrate dismissed the petitions - Held, It is only in 2008 that recording of evidence started - Court inclined to think that there was willful delay on the part of petitioner in filing the petitions earlier. On the facts of the case Court is satisfied that it is necessary in the ends of justice to have the original partnership deed produced before the Criminal Court and the witnesses examined on the basis of that as prayed for. Viewed that in that line dismissal of the petitions are not legal and proper and require interference invoking S.428 of the Crl.P.C - Petition allowed.
1. These revisions are in challenge of separate orders passed by learned Judicial First Class Magistrate, Chalakkudy in CC No. 150 of 2000. Petitioner who is the complainant in the Court below requested that Court to reopen the case to adduce further oral and documentary evidence. He also requested that the original of a partnership deed which is alleged to be forged by respondent Nos. 6 be summoned from one P. V. George. Learned Magistrate dismissed the petitions.
2. Facts necessary for consideration of these revisions are: Petitioner, along with respondent Nos. 1 to 5 had formed a partnership by name 'Johnson Enterprises' which was engaged in money lending business. In the year 1982at a time when according to the petitioner he was abroad, respondent Nos. 1 to 5 with the connivance of respondent No.6createdapartnership deed forging signature of petitioner and formed a new partnership by name 'M/s. Chalakudy Auto Finance'. In the year 1984 one of partners of M/s.Chalakudy Auto Finance, one P. V. George filed OS No. 518 of 1994 in the Court of learned Munsiff Irinjalakuda for dissolution of that partnership. Petitioner was impleaded as defendant No. 12 in that suit. According to the petitioner, he learned about the forgery and formation of partnership by name 'M/s. Chalakudy Auto Finance' only when he received summons in that case. He applied for a certified copy of the partnership deed in that Court. Petitioner states that by that time, the original partnership deed was taken back by the plaintiff in that suit. That suit was disposed of as per judgment dated 2,1 /08/96, (Annexure-A7 is the .copy of judgment). It is stated in para 8 of that judgment about contention of petitioner that he had not signed the disputed partnership deed that the contention was not seriously challenged by the plaintiff in that case and that learned Munsiff was satisfied about the truth of the contention in the light of documents produced by petitioner in that casfe. Learning about the forgery of the partnership deed petitioner preferred a private complaint in the Court below,. "That complaint was forwarded to the police for investigation. After one year and 11 months, police submitted final report referring the case as mistake of fact according to the petitioner, at the influence of the then DYSP, Irinjalakuda. Petitioner was not satisfied with that report and filed a protest complaint alleging offences punishable under Sections 467,468 and 471 r/w Section 34 of the Penal Code (for short, "the Code"). After complying with the mandatory formalities case was taken on file as CC No. 150 of 2000. There was a petition to transfer the case from the Court of learned Judicial First Class Magistrate, Chalakkudy. That petition was dismissed. Respondent Nos. 1 to 4 filed criminal MC No. 6455 of 2000 in this Court to quash the cognizance taken against them. That petition was dismissed in the year 2004. Respondent No. 6 then filed Criminal MC No. 1454 of 2004 to quash the cognizance taken against him. That petition was dismissed in the year 2007. In 2008, recording of evidence on the side of petitioner started. Petitioner filed an application to summon the relevant documents including the original partnership deed from the Registrar of firms. The Registrar produced certain documents but that did not include the original partnership deed. The documents produced by the Registrar ware subjected to expert examination and according to the petitioner, the report indicated that he has not signed those documents. In the meantime M/s Chalakudy Auto Finance filed a suit against a 3rd party for realisation of money. Petitioner states that the original partnership deed was produced in that case. Learning that, he filed Annexure-A4 petition in the Civil Court on 30/06/1999 requesting that the documents be detained. Learned Munsiff ordered that the documents will be detained. Later that suit was withdrawn and all the documents including the original partnersh
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