SATISH PARSHOTTAMDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application, the applicant seeks quashment of the first information report being DCB Police Station, Surat I C.R. No.62/2003 and the proceedings initiated pursuant thereto qua the present applicant.

(2.) THE facts of the case stated briefly are that the respondent No.2 herein had lodged the above referred first information report against the applicant and other accused on 22nd November, 2003, for the offences punishable under Sections 406, 408, 420, 45, 467, 468, 471, 477(A), 34 and 120B of the Indian Penal Code. The complainant is a member of one Ratnaprabha Cooperative Housing Society. The allegation in the first information report is that the accused viz. Vinodbhai is a Chairman of the said Society. The accused Kedarnath Sharma is a Secretary of the said Society and one Prakashbhai Patel is the Manager of the Managing Committee of the said Society. The complainant and other witnesses have purchased the plots in the said Society before 1990 and have made payment to the President, Secretary and others for the said plots. It is alleged that one Popular Infrastructure Ltd., Ahmedabad which is now known as Pioneer Infrastructure Ltd. has obtained a loan of Rs.15 crores from Indus Ind Bank Ltd., Ahmedabad. It is further alleged that the office bearers of Ratnaprabha Cooperative Housing Society Ltd., have passed a resolution without the knowledge of the members of the society and mortgaged the bungalow of the complainant and other witnesses without their knowledge and have thereby abetted the Directors of Pioneer Infrastructure Ltd., in obtaining the loan of Rs.15 crores. In the said complaint, the present applicant is shown as a member of the managing committee of one Kumkumnagar Cooperative Housing Society Ltd., and it is alleged that the President and Secretary of the said Kumkumnagar Cooperative Housing Society Ltd. have also mortgaged the property of Kumkumnagar Cooperative Housing Society Ltd., with the Indus Ind Bank and thereby, abetted the Pioneer Infrastructure Ltd. in obtaining the aforesaid loan of Rs.15 crores and have thereby committed the alleged offences.

(3.) HEARD Mr.V.M.Pancholi, learned advocate for the applicant, Mr.I.M.Pandya, learned Additional Public Prosecutor for respondent No.1 State of Gujarat and Mr.U.M.Panchal, learned advocate for the respondent No.2 original complainant.