P. ASHOK ARIGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The 2nd respondent had filed a private complaint under Sec. 200 of Cr.PC for the offence punishable under Sec. 28 of the Karnataka Societies Registration Act, 1960 for contravening Sec. 11(2) of the said Act alleging that the petitioner - accused has not convened the annual general body meeting within nine months from the date of election to the committee of the Mangaluru Bar Association. The learned Magistrate referred the complaint to the police for investigation under Sec. 156(3) of Cr.PC. The police after the investigation submitted a charge sheet. The learned Magistrate has taken the cognizance of the aforesaid offence on the basis of the report, against which, the present petition is filed.

(2.) The learned counsel appearing for the petitioner submits that the election to the Mangaluru Bar Association was held on 16/11/2012, the annual general body meeting was to be convened within nine months from the date of constitution of the new Managing Committee i.e. on 16/8/2013 and the private complaint was filed after one year from the date of completion of nine months prescribed for convening the annual general body meeting. Hence, he submits that the complaint was barred by limitation.

(3.) The learned High Court Government Pleader appearing for the respondent - State submits that the accused having not convened the meeting after fifteen months from the date of constitution of new Managing Committee to the Mangaluru Bar Association, have committed the aforesaid offence. Hence, the learned Magistrate has rights taken cognizance.