S. RAVICHANDRAN Vs. M.V. RAMANI

JUDGEMENT

(1.) The petitioners herein are arrayed as accused 1 to 8 in a private complaint filed by the respondent / complainant herein for the alleged offences under Ss. 120B, 403, 405, 408, 409, 420, 421, 422, 425, 466, 467, 571, 477 and 477A of the Indian Penal Code. The first to fifth petitioners are the office bearers of Sri Ram Samaj Society registered under the Societies Registration Act (herein after referred to as 'Society' for the sake of convenience). The sixth petitioner is the Secretary of Sri Sitaram Vidyalaya Matriculation Higher Secondary School, West Mambalam which is administered and run by the Society. The seventh and eighth petitioners are the Chartered Accountants by profession and the Statutory Auditors of the Society.

(2.) The respondent / complainant is a life member of the Society who was admitted in the year 1988. It is his case that the petitioners had committed fraudulent acts in the management of the Society. The Society runs a School under the name and style of Sri Sitaram Vidyalaya Matriculation Higher Secondary School (herein after referred to as 'School' for the sake of convenience). The said School had collected excess fees for the academic years 2010-2011, 2011-2012 and 20122013 totaling a sum of Rs.1,03,35,000.00. The Private Schools Fee Determination Committee constituted under the Tamil Nadu Schools (Regulation of Collection of Fees Act,) 2009 found that the School had collected excess fee and directed the School to refund the excess fee collected from the students. It is further the case of the respondent / complainant that A7 and A8 who are the Statutory Auditors for the said Society had kept the funds which were supposed to be refunded to the students under 'Contingency Fund' which is incorrect. The complaint further enumerates the defects in the balance sheets certified by A7 and A8, thereby suggesting that the petitioners had committed the offences of falsification of accounts and misappropriation.

(3.) (i)Mr.Sathish Parasaran, learned Senior Counsel for the petitioners would submit that the respondent / complainant is a vexatious litigant and has been harassing the office bearers of the Society and the School by filing various unnecessary litigations which are adversely affecting the smooth functioning of the Society and the School. The learned Senior Counsel for the petitioners listed out about 25 cases filed by the respondent / complainant before various forums including this Court by way of Writ Petitions and that in all cases, the complaints were closed by either holding that the complaint is not maintainable or false, besides recording that the respondent / complainant has vexatiously initiated the proceedings. The details of the cases filed by the respondent / complainant from the year 2004 till date have been produced by the learned Senior Counsel to show the manner in which the Society and the School and its office bearers have been targeted by the respondent / complainant.