VIMLA DHIMAN Vs. STATE

JUDGEMENT

(1.) Impugned order of 2nd May, 2013 upholds trial court's order whereby petitioner has been called upon to face trial for the offence under Section 409/420/477A of Indian Penal Code. Petitioner's counsel assails the impugned order by urging that he had appeared before the re-visional court and had specifically urged that the prosecution of petitioner for the offence under Section 409/477A/420 Indian Penal Code is uncalled for in view of the fact that the offence, if any, would fall under Section 118 of the Delhi Cooperative Societies Act, 2003 and that it was specifically pointed out to the revisional court that the special law would prevail over the general law and this aspect has not been dealt in the impugned order.

(2.) Upon notice, learned Additional Public Prosecutor for respondent-State rightly submits that petitioner cannot be prosecuted for the offence under Section 409 and under Section 420 Indian Penal Code simultaneously. However, it is vehemently submitted by learned Additional Public Prosecutor for State that the ingredients of offence of cheating are very much there and so petitioner's prosecution for the offence under Section 420/477A Indian Penal Code is well merited. Attention of this Court was drawn to FIR and charge-sheet of this case to point out that offence in question does not strictly fall within the parameters of Delhi Cooperative Societies Act, 2003 and therefore, bar of Section 21 of Delhi Cooperative Societies Act, 2003 will not apply.

(3.) After having heard both the sides and on perusal of the impugned order and the charge-sheet filed as well as the material on record, I find that the nature of allegations in FIR in question are such that prima facie, it cannot be said that they strictly fall within the ambit of Delhi Cooperative Societies Act, 2003 or that petitioner's prosecution for the offence under Section 420/477A Indian Penal Code is not uncalled for. Certainly, prima facie case for petitioner's prosecution for the offence in question is clearly made out. However, petitioner cannot be simultaneously prosecuted for the offence under Section 409 Indian Penal Code as well as for the offence under Section 420 Indian Penal Code and so, the petitioner is discharged for offence under Section 409 Indian Penal Code. However, petitioner deserves to be prosecuted for the offences under Section 420/477A Indian Penal Code. This petition and the application are disposed of in aforesaid terms while refraining to comment upon merits of this case, lest it may prejudice petitioner at trial.