B D KATHROTIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners are the original accused in Criminal Case No. 634/1998 filed before the learned Judicial Magistrate, First Class, Dhanera, charging the petitioners (accused therein) for the offences punishable under Sections 166, 167, 170, 192, 384, 418, 419, 420, 465, 468 and 469 of the Indian Penal Code. The said complaint was filed on 22. 9. 1998 and the learned J. M. F. C, Dhanera, by an order dated 28. 9. 1998, issued process in respect of offences punishable under Sections 170, 192, 384, 419 and 420 of I. P. C against the petitioners-accused. The present petition is preferred under Section 482 of the Criminal Procedure Code, praying for quashing the said complaint, registered with learned J. M. F. C. Dhanera as Criminal Case No. 634/1998.

(2.) AT the time of admission, interim relief in terms of Para-13 (C) was granted by this Court, by virtue of which, further proceedings of the said criminal case came to be stayed till final disposal of the quashing petition.

(3.) THE facts of the case, in brief, are that the complainant (respondent No. 2 herein) had lodged the complaint alleging that he was the Secretary of The Ramuna Seva Sahakari Mandali Ltd. , since 1960. Petitioner No. 1 is an employee of the Banaskantha District Central Co. op. Bank Ltd. Similarly, petitioners No. 2 to 5 are also working as Junior Inspectors with the Banaskantha District Central Co. op. Bank Ltd. , petitioner No. 6 is the Chairman of the Ramuna Seva Sahakari Mandali Ltd. , and petitioner No. 7 is his nephew. 3. 1 According to the complainant, accused No. 6 asked him to fabricate a resolution in the Resolution-Book and make false signatures and while doing so, elect a person of his choice in the committee, which, the complainant says that he refused. Therefore, on 17. 9. 1998, accused No. 6 went to the complainant with rest of the accused persons and told him that they have come from the Office of the Registrar and the entire record is to be seized and then handed over to Mr. D. V. Kotak, Junior Inspector of Dhanera Branch (accused No. 2) and accused Nos. 2 to 5 also joined the cause. The complainant says that he, therefore, handed over the record to the accused persons in presence of Patel Tejabhai Dharmabhai and Kanabi Ganeshbhai Hajabhai. He then says that he then made inquiry with the Office of the Registrar, who found that no person had gone to his Office and no order was passed. The allegation is, therefore, that the Resolution-Book and other record were made to have been handed over by the accused persons with a view to fabricate the resolutions.