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2023 Supreme(Online)(Bom) 249

HIGH COURT OF BOMBAY
KISHORE C. SANT, J
Ramesh Dadarao Bagdure – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners:Senior Advocate Mr.V. D. Honi by Mr. S. S. Manale
For the Respondents: Smt. D. S. Jape, Mr. P. P. More

Table of Content
1. formation and disputes in partnership (Para 1 , 2 , 3 , 4 , 5 , 6)
2. summons issuance and criminal allegations (Para 7 , 8 , 9)
3. criminal vs. civil nature of allegations (Para 10 , 11 , 12 , 13)
4. proving criminal intent in partnerships (Para 14 , 15 , 16 , 17 , 18 , 19 , 20)
5. court ruling on partnership dispute and issuance of summons (Para 21 , 22)
JUDGMENT :

1. This Writ Petition is filed with a prayer to quash and set aside an order passed by the learned Additional Sessions Judge, Nilanga dated 17.08.2022 in Criminal Revision No. 2/2022. By way of this impugned order, the learned Sessions Judge has rejected the criminal revision application and confirmed the order passed by the learned Judicial Magistrate First Class, Nilanga dated 22.12.2020. The learned JMFC had passed the order directing issuance of summons against present petitioners for the offences punishable under Sections 420 , 406 read with 34 of the Indian Penal Code .

2. The facts are like this that the present petitioners formed a partnership firm with respondent no.2 and two other partners. The partnership deed was executed on 29.10.2002 under the name of M/s. Bhagwant Warehouse. The partnership

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