S P JALAN Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the applicant, leaned counsel for the informant and learned AGA for the State and perused the record. This bail application has been moved on behalf of the accused applicant S.P. Jalan who is involved in case crime number 802 of 2009, under sections 409, 420, 467, 468 and 471 IPC, Police Station Sahibabad, District Ghaziabad. Affidavit, counter affidavit and rejoinder affidavits have been exchanged between the parties.

(2.) Undisputedly, the applicant was Chairman and informant of the case P.C. Gupta was Secretary of Sanjiv Memorial Education Society registered under the provisions of Registration Act. An application under section 156 (3) Cr.P.C. was moved by the Secretary of the Society P.C. Gupta with the averments that a school in the name of Sanjiv Memorial Public School was being run by the Society situated Sahibabad. With an ulterior motive applicant/accused. Chairman of the society with an intention to misappropriate the money of the Society Forcibly changed the name of school as Mayo International School, Mayo international School is another institution situated in Papparganj, Delhi. This school of Papparganj has no relation with the Society. An account was opened in the Syndicate Bank Branch. Papparganj, Delhi by the Chairman and Cheque Book was got issued by him the name of Mayo International School, Shyam Enclave Shalimar Garden Extension of, Ghaziabad and account is to be operated by any of them i.e. Either by, the Chairman or by the Secretary of the Society Cheque Book and statement of the account were always kept by the accused applicant with him. Whenever informant tried to check the account always not permitted by the accused applicant and Branch Manager was also directed by the accused not to show the detail of the account to the informant. From the other Branch of the Syndicate Bank, the informant collected the details of the account and came to know that in between 11.9.2007 to 12.11.2008 total amount of Rs. 49.75 lacs was withdrawn by the accused-applicant through different cheques on different dates (detail given in the application under Section 156 (3) Cr.P.C. by issuing cheques in his own signature and with an intention to play fraud and misappropriate/embazelled this money, transferred the same in the account in the name of other Society as such he committed offence of serious nature causing major loss to the society. An application was moved to S.S.P., Ghaziabad on 16.12.2008 but as no action was taken, so the application under section 156(3) Cr.P.C. was moved. Under the order of learned Magistrate, case was registered at P.S. Sahibabad on 3.4.2009 and investigation in the matter was started.

(3.) Learned counsel for the applicant argued that during the course of investigation it was found by the Investigating Officer that not a single penny was transferred by the accused-applicant from this account of the School/Society to personal account of the applicant. Only a sum of Rs. 90,000/- (Ninty Thousands) were found withdrawn cash by the applicant which was utilized by him for the expenses of the school under different heads. It was further argued that name of the school was get changed by the informant himself. In affidavit annexed with the application for bail in paragraph 11 of the affidavit detail of utilization of the money withdrawn tried to be given.