SIRI CHAND GUPTA Vs. SANTOSH KUMARI

JUDGEMENT

(1.) THIS petition under Section 482 of the code of Criminal Procedure, 1973 ('crpc')seeks the quashing of Complaint Case No. 298 of 1994 titled Smt. Santosh Kumar v. Siri Chand Gupta under Sections 420/468/471 IPC registered at Police Station Shakur pur pending in the Court of Metropolitan magistrate ('mm'), Delhi.

(2.) THE complainant is Smt. Santosh Kumari who states that she was a member of Vishnu co-operative Urban Thrift and Credit Society ('society') of which the Petitioner is Secretary. She states that she applied for a loan of rs. 45,000 from the Society. According to her she was not aware that the Society had in fact sanctioned the loan. She states that she found on 30th March, 1994 that from her account a sum of Rs. 35,000/- had been withdrawn. On this basis she filed a complaint alleging that the Petitioner here got the loan sanctioned by forging her signatures on the loan application form, got the signatures of the sureties in advance and made it appear as if a sum of Rs. 35,000/- had been deposited in her account and then got it withdrawn.

(3.) ON its part, the Society instituted proceedings under the Delhi Cooperative societies Act, 1972 (DCS Act) against the complainant (Respondent No. l in these proceedings), her husband, the sureties and other guarantors for recovery of the loan amount. The case was referred to the arbitration by the Joint Registrar, Cooperative societies, Government of NCT of Delhi. An award was passed against Respondent No. 1 by the Arbitrator on 25th May 1995. However, by an order 15th December 1995 the Delhi Cooperative Tribunal ('tribunal') set aside the said award and remanded the case for a fresh consideration by the Joint Registrar.