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1994 Supreme(MP) 742

R.P.AWASTHY
GOVIND DAS BIYANI – Appellant
Versus
BADRI NARAYAN RATHI – Respondent


Advocates Appeared:
P.S.GOTHALVAL, V.S.Shroti

R. P. AWASTHY, J.

( 1 ) BY filing the present petition u/s 482, Cr. P. C. it is being sought that the complaint filed by the non-applicant against the present petitioners be quashed.

( 2 ) FACTS of the case are as below: The petitioner and the non-applicant are partners of a firm. The present non-applicant filed a complaint in the Court of Chief Judicial Magistrate, Bhopal, alleging, inter alia, that the accounts of the said partnership firm used to remain in the custody of petitioner No. 4 who was responsible for maintaining the said accounts. It has been further alleged that from the month of March 1989 petitioners Nos. 1 to 3 in collusion with petitioner No. 4 conspired to commit criminal breach of trust by fraudulently depriving the present non-applicant of his share and earnings of the said firm and usurping amount of the said firm. To fulfil the said conspiracy, the said partners of the firm kept the present non-applicant away from the accounts of the said firm from the month of March 1989. Thereafter no amount was paid to the present non-applicant. The said firm obtained payments of rupees four lacs from the Public Health Engineering Department of Bhopal Division and about n












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