MAHENDRA KANHAIYYALAL JAIN Vs. VIVEK MANOHAR JAGTAP

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of learned Counsel appearing for the parties, these writ petitions are taken up for final hearing.

(2.) These four writ petitions are filed by original complainant Mahendra Kanhaiyyalal Jain being aggrieved by the decisions of Sessions Judge dated 05.03.2008 in Criminal Revision Application Nos. 187, 185, 186 and 188 of 2009 respectively, whereby he allowed the Revision Applications and set aside the order of issuance of process passed by the Chief Judicial Magistrate, Jalgaon, on 15.04.2008, in R.C.C. Nos. 179, 177, 178 & 180 respectively, thereby the learned Chief Judicial Magistrate issued processes against the respondents other than the State of Maharashtra, for committing offences punishable under Sections 465, 467, 471 & 474 all read with Section 34 of the Indian Penal Code ("I.P.C.").

(3.) Some of the facts regarding which there was no more dispute before me are that the complainant was member of Shri Mahavir Urban Cooperative Society Limited, Jalgaon (hereinafter referred to as "credit society"). The credit society is doing banking business at Jalgaon. Respondent Suresh Jain was President (Chairman) of said credit society and he resigned on 02.01.2007 and thereafter respondent No. 1 Vivek Jagtap was appointed as an Administrator. He took charge on 15.01.2007. All these four writ petitions pertain to four complaint lodged by same complainant i.e. present petitioner, who is common in all four writ petitions. Thus writ petition No. 422 of 2009 relates to minutes of meeting of Board of Directors held on 03.07.2006, writ petition No. 423 of 2009 relates to minutes of meeting of Board of Directors held on 25.03.2006, writ petition No. 424 of 2009 relates to minutes of meeting of Board of Directors held on 22.04.2006 and writ petition No. 454 of 2009 relates to minutes of meeting of Board of Directors held on 03.08.2006. It is case of the petitioner that his brother Jitendra was also member of the credit society and as against Jitendra several proceedings such as complaint for offence punishable under Section 138 of the Negotiable Instruments Act, so also for recovery of loan and other civil matters were filed by the credit society. The petitioner and his brother had doubts regarding genuineness and correctness of the document and transparency of the administration from time to time. Jitendra Jain, brother of the petitioner applied for getting copies of minutes of above said four meetings of Board of Directors on 18.01.2007. Just prior to that on 15.01.2007 respondent Vivek Jagtap had taken over charge as an Administrator and the copies were supplied to Jitendra and respondent Vivek Jagtap signed those copies as true copies. Thereafter, on 13.02.2007 present petitioner also made application for getting copies of minutes of above said meetings and also some other documents and he also received copies. On comparison of the copies received by Jitendra and the petitioner, it was found that in the copies of minutes supplied to Jitendra Jain, there were no signatures made by respondent No. 2 Suresh Jain Chordiya, but same were appearing in the copies supplied to the petitioner. There were signatures of respondent No. 2 Suresh Jain Chordiya made for showing his presence at the meetings and also as a Chairman of the credit society. In the copy of minutes of meeting on 03.08.2006 supplied to the petitioner, respondent Surendra Lunkad was seen to have signed showing his presence but there was no signature of respondent Suresh Lunkad on the copy supplied to Jitendra Jain. This according to present petitioner amounted to commission of various offences for which the learned Chief Judicial Magistrate has issued processes.