SQN LDR P J B KHURANA Vs. STATE

JUDGEMENT

(1.) This is a petition filed under Section 482 Cr.P.C. against the impugned order passed by the Additional Sessions Judge dated 23.09.2002, who was pleased to dismiss the revision petition filed by the petitioner against the order framing charges against them under Sections 341/384/506/34 IPC by the Metropolitan Magistrate vide his order dated 05.12.2001.

(2.) Briefly stating, the facts of the case are, that the complainant, Sh. Atul Aggarwal in his complaint dated 16.06.1998 alleged that he was forced to deliver a cheque of Rs.20,000/- of current date and other post dated cheques amounting to Rs.40,000/- to the accused persons in favour of the Members of a Managing Committee of Society, namely, Nagarjuna Co-operative Group Housing Society Ltd. for becoming a member of the said Society as the entry fee, which was over and above the charges payable for the membership of the said Society. It is the case of the complainant that to force him, the accused persons even disconnected the water supply of his flat bearing No. E-403 and it is for that reason that he filed the complaint.

(3.) The trial Court has taken note of the circular issued by the then Registrar, Co-operative Societies dated 14.12.1999 which clearly goes to show that charging of entry fee by the Group Housing/House Building Society was illegal and is not supported by the provisions of Act and Rules.