IN THE HIGH COURT OF PUNJAB AND HARYANA
Rajbir Sehrawat, J.
Shyam Singh and another – Appellant
Vs.
State of Haryana and Another - Respondents
Criminal Miscellaneous (M) No. 7749 of 2014
Decided On : 04-02-2019
Section 482 - Quashing of FIR - IPC 323, 420, 452, 467, 468, 471, 506 - Summary of Acts and Sections: The court discussed the Indian Partnership Act, specifically Sections 11, 15, 19, and 20, and their interpretations in the context of the authority of a partner to deal with the properties of a firm. The court also highlighted the significance of a settlement agreement between the parties and its impact on the authority of the partners. The legal provisions influenced the court's decision to quash the FIR and order the sealing of the factory until the civil proceedings decide the rights of the parties.
Fact of the Case:
The complainant and the petitioner were partners in a firm. The petitioner allegedly misused the accounts of the firm, sold goods without consent, and transferred properties to a new firm. The complainant filed an FIR, and the petitioner claimed the actions were based on a settlement agreement.
Finding of the Court:
The court found that the dispute was predominantly of a civil nature and the FIR was filed as a tool of pressure to gain advantage in the civil aspects of the dispute. The court also ordered the sealing of the factory until the civil proceedings decide the rights of the parties.
Issues: The issues revolved around the authority of a partner to deal with the properties of a firm, the impact of a settlement agreement on the actions of the partners, and the misuse of the FIR as a tool of pressure in a civil dispute.
Ratio Decidendi: The court's decision was influenced by the interpretation of the Indian Partnership Act, specifically Sections 11, 15, 19, and 20, and the significance of the settlement agreement between the parties. The court emphasized the need to prevent the misuse of the process of the Court and to secure the ends of justice.
Final Decision: The court quashed the FIR and ordered the sealing of the factory until the civil proceedings decide the rights of the parties.
Rajbir Sehrawat, J.
This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.1146 dated 10.11.2012 registered under Sections 323, 420, 452, 467, 468, 471, 506 of the Indian Penal Code (for short 'the IPC'), at Police Station Civil Lines, Karnal, District Kanal; along with all subsequent proceedings arising therefrom.
2. Shorn of unnecessary details, the facts giving rise to the present petition are that complainant-Om Singh filed an application under Section 156 (3) Cr.P.C. before the concerned Magistrate for directing the police to register and investigate his complaint. Accordingly, the above said FIR has been registered.
3. As per the allegations in the FIR, the complainant and his brother-Shyam Singh, the petitioner No.1, were having joint business, being members of the joint family. The properties happened to be joint. They also decided to run the business of manufacturing and selling the agricultural implements and for that purpose, one partnership firm with the name of M/s Shri Om Agricultural Implements, Hansi Road, Karnal was created by them. In this firm, the complainant and Shyam Singh, both were the partners. To start the business, they had applied for TIN number for the firm and accordingly, the same was received on 15.11.2010. TIN No.96522236004 was allotted to the firm of the complainant. Both the partners held 50% share each in this firm. The firm started its business on a piece of land measuring 260 Sq. yards. This land was in the joint name of the complainant and the son of petitioner No.1 Shyam Singh, namely, Kanwal Singh, the petitioner No.2. The firm started doing its business in the year 2011. As per the allegation, the business had taken-off very well. However, as per the allegations, the complainant fell ill and was not in a position to manage and supervise the affairs of the said firm. Taking advantage of the absence of the complainant, the present petitioners started misusing the accounts of the firm, sold the raw material and manufactured goods, without knowledge or consent of the complainant. Thereby, the petitioners caused wrongful loss to the complainant. In the process, the petitioners had sold produced goods and the raw materials to the tune of Rs.30-32 lakhs. However, instead of depositing the above said amount in the account of the firm, both the accused misappropriated of the said funds for their personal gains. When the complainant recovered from the illness and he tried to know about the affairs of the firm then he came to know that the petitioners had got the RC/TIN of the above said firm surrendered without any information or consent of the complainant. This effectively closed down the business of the above said firm, though it was not dissolved. The petitioners had done this, despite the fact that the complainant had never authorized them to do so. However, the petitioners did not stop at this stage. Petitioner No.2 created another firm in the name and style of M/s Vikas Agro Industries and started doing business of manufacturing and selling of the same implements on the same factory premises. In their attempt to take over the machinery, material and the produce goods of the existing factory of the firm of the complainant, the petitioners prepared fake and false documents; including the bills showing the sale of the machinery, goods and raw materials of the firm of the complainant in the name of the new firm i.e. M/s Vikas Agro Industries. When the complainant came to know about all these happenings, he requested the petitioners to settle the account. However, the petitioners made excuse after excuse. When the complainant insisted, the petitioners started threatening him. There is also an allegation that when the complainant had asked the petitioners to settle the account, then the petitioners gave fist blows to the complainant. Consequently, the complainant had approached the police. However, the police had not taken any action. Resu
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