TMI Blog2005 (7) TMI 688X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 482. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 3. Learned single Judge on examination of the material has found that there was an agreement between the parties to carry on business of manufacturing and sale, export and import of leather goods or garments under the name and style of M/s Samsaur Implex. There was contribution by the partners and they were to share profits and losses equally. However, after sometime it transpired that the business could not run smoothly and respondent No. 2 lodged a co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alysis of the provisions contained in Chapter XIV of the CrPC and various decisions on the question of exercise of extraordinary jurisdiction under Article 226 of the Constitution or inherent powers under Section 482 CrPC, laid down that if the FIR falls in any of the categories mentioned in paragraph 108 of the judgment, the same may be quashed under Article 226 of the Constitution of India or Section 482 CrPC. After quoting paragraph 108 of the aforesaid judgment, the question of cheating, as indicated in Section 415 IPC, has been examined by the learned single Judge. Learned single Judge has emphasized that there must be existence of guilty intention at the initial stage when the inducement is so offered. If there is no intention to dece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llegations made in the complaint and the decision of the Apex Court in the case of Velji Raghavji Patel v. The State of Maharashtra has been considered by the learned single Judge. 5. From the record, the learned single Judge has observed that there is nothing in the terms and conditions of the partnership deed to indicate that dominion of the partners over the partnership property was the result of any entrustment. In fact, when there is a partnership, both the partners are entitled to use the same or can deal with the same unless by an instrument there is a specific restraint and with an intention to deprive the other person has acted contrary to the restraint indicated in the agreement. Learned single Judge has pointed out that the am ..... X X X X Extracts X X X X X X X X Extracts X X X X
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