MOTI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BY this revision, the revisionist has challenged the order dated 17.07.2012 passed by the Special Chief Judicial Magistrate, Agra in Criminal Case No. 469 of 2012, whereby the application of the revisionist, under Section 239 Cr.P.C., has been rejected.

(2.) THE facts, in brief, are that a first information report was lodged by one Devendra Singh against the revisionist and five other persons with allegations that the accused persons were members of the Management Committee of Purshottam Bagh Co-operative Housing Society Ltd., Agra and that in collusion with each other, they swindled a sum of Rs. 3,00,000/- from the account of the Society and to cover up the act, fabricated a fictitious resolution No.8(5) in the minutes of the meeting dated 13.07.2011. An investigation was carried out whereupon a charge-sheet was laid. The Investigating Agency obtained attested copy of the minutes of the meeting dated 13.07. 2011 from the Union Bank of India, Dayalbagh branch, Agra, where the Society had opened its account and had submitted copy of the minutes of the meeting dated 13.07.2011. The Investigating Agency, however, could not procure the original of the minutes of the meeting.

(3.) AGGRIEVED by the order dated 17.07.2012, passed by the Special Chief Judicial Magistrate, Agra, the present revision has been filed.