RAMESH CHAND GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Section 482 of Criminal Procedure Code (hereinafter referred to as Cr. P. C.) read with Article 226 of the Constitution of India has been filed by the petitioners seeking quashing of FIR No. 621/2005 registered at police Station Shahdara on 20. 12. 2005 for offences under Sections 420/465/468/471/34/120b Indian Penal Code (hereinafter referred to as "ipc") as well as order of the trial court dated 21. 7. 2007 whereby he took cognizance of the said offences and summoned the petitioners as accused persons.

(2.) JAN Sudhar Smiti (hereinafter referred to society) is a registered society involved in the management, operation and maintenance of Jan Suvidha Complexes like providing toilets and lavatories to the slums and Jhuggi Jhopries cluster colonies. Petitioner No. 1 is the President and petitioner Nos. 2 and 3 are the members of the governing body. Complainant was erstwhile secretary of the society and had filed a complaint in the court of learned ACMM on 8. 12. 2005 which culminated into registration of the impugned FIR No. 621/2005 at Police station Shahdara.

(3.) OFFICE bearers and members of the society had various internal problems relating to governance of the society and management of funds of the society deposited in the bank and these disputes arose during the period when petitioner no. 1 Ramesh Chand Gupta and complainant Subhash Chand Roongta were the president and the Secretary of the Society. On 8. 3. 1996 the executive body held a meeting and unanimously resolved to enroll the desirous persons as members of the society for doing social work and for that purpose petitioner No. 1 was given absolute discretionary authority to enroll new members. The minutes of the said meeting were also signed by the complainant. A meeting was held on 20. 5. 1996 in which seven new members were enrolled as members and in the same meeting Smt. Saroj Sharma and S. Panna Lal, the new inducted members, were unanimously nominated as acting Vice President and acting Secretary respectively. This meeting was also attended and signed by the complainant. The said minutes were approved by the governing body on 15. 6. 1996. On 26. 7. 1996, in another meeting of the governing body three new members were admitted in the presence of the complainant. Since the treasurer of the society had resigned in the meeting held on 28. 9. 1996, the executive body unanimously authorised, later on ratified the Secretary and President to operate the bank account till January 2000. The resolution was ratified in the meeting dated 8. 10. 1996. Complainant also filed an affidavit on 26. 7. 2000 indicating that there was no dispute amongst the members of the society. An amount of Rs. 22,65,000/- was withdrawn by the complainant in between August 2000 to 3. 10. 2000. This became bone of contention and disputes arose between the parties.