NABHIRAJ SHRENIK MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-C.R.No.46 of 2008 registered with Navsari Town Police Station, District Navsari, for the offences punishable under Sections 420, 465, 467, 468, 471 and 474 read with Section 114 of the Indian Penal Code.

(2.) The case of prosecution is in relation to the land bearing survey No.618/3 (City Survey No.2183) admeasuring 35,370 square feet by way of a registered sale deed on June 24,1982. Certain proceedings were initiated before the District Registrar, Cooperative Societies, Navsari for not having complied Rules and Bylaws of the society, for which an order came to be passed on January 15, 1994 for winding up the society by the District Registrar. The said order was in abeyance by an order dated July 25, 1994. The District Registrar ordered finally on December 18, 1995 winding up the society and appointed a liquidator to manage the assets of the society.

(3.) It is the case of the society and the applicant that such an order was not communicated to the society. A conscious decision was taken by the members of society in the annual general meeting to sell the land of the society and pay the debt. A public notice to that effect was also issued on September 12, 1994. Since a sale deed was executed by the society in favour of the purchaser i.e. Navsari Developers Private Limited, who had offered the highest price of Rs. 30 Lakh (Rupees Thirty Lakh Only), the society said to have violated and acted in complete breach of impugned order of the District Registrar. Thus, the allegation of selling of the land of the society on December 20, 1994 despite there being an order dated December 18, 1994 ordering the winding up the society, the complaint has been lodged being C.R.No.I-46 of 2008.