J.V.NAGARAJ Vs. V.MUNIRAJU

JUDGEMENT

(1.) Heard.

(2.) Sri N.S. Sanjay Gowda, learned Advocate for the petitioners, submits that respondent initiated proceedings before the Assistant Registrar of Co-operative Societies under Section 64 of the Karnataka Co-operative Societies Act, 1959 ('the Act' for short) by filing a complaint alleging certain irregularities against petitioners, who are Office Bearers/Directors of Sri Maruthi Housing Co-operative Society Limited. The Assistant Registrar, after holding detailed enquiry submitted a report on 11-6-2010, holding that allegations against the petitioners were not proved. In the meanwhile, on 4-12t2009, respondent filed a private complaint under section 200 of Criminal Procedure Code, 1973, alleging that petitioners had acted detrimental to the interest of members of the Society and misused their position and thus, committed offences punishable under Sections 199, 403, 405,415,418,420,421,423,464,465,468 and 477A of Indian Penal Code, 1860 read with Section 34 of IPC. The said private complaint was referred under section 156(3) of Cr. P.C., 1973 for investigation. After investigation, police filed 'B' Report. Complainant challenged the 'B' Report by filing a protest petition. After recording complainant's statement, learned Magistrate has taken cognizance of offences punishable under Sections 406 and 420 read with Section 34 of IPC and issued process on 3-12-2011. Petitioners have challenged the said order in this proceedings.

(3.) Sri Sanjay Gowda, argued that having initiated proceedings under Section 64 of the Act, without awaiting the outcome of the proceedings, respondent filed the instant private complaint. Police, during the course of the investigation have adverted to the report submitted by the Assistant Registrar of the Co-operative Society dated 11-6-2010 and filed 'B' Report. He urged that in the sworn statement, complainant has not referred to Assistant Registrar's report but made omnibus statements alleging irregularities.