LALCHAND MANAKCHAND MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for revision under Section 482 of the Code of Criminal Procedure against an order passed by the Judicial Magistrate, First Class, Bhusawal, framing charge for an offence punishable under Section 420 of the Indian Penal Code agiinst the applicants.

(2.) The applicant No. 1 is a Secretary of a Public Charitable Trust kvown as ' Hindi Sewa Mandal' registered under the Bombay Public Trust. The complainant Narayan Shankar Dubay - was an employee in one of the Schools run by the Hindi Sewa Mandal. It is not necessary for the purposes of this petition to state all the facts in detatils. It is enough to state that there were disputes between the complainant and the management of the trust and some of the employees of the Hindu Sewa Mandal. It is the case of the applicants that the complainant was in the habit of making false allegations against the management and the employees of the Institutions run by the Trust. The services of the complainant were terminated by the management but the Deputy Director of Education set aside that order and directed the Trust to re-instate him and to pay the arrears of salary due to the complainant. The arrears amounted to Rs. 10,172/- It is the case of the petittioner that a sum of Rs. 5,312/- was due by the complainant to the Chhatra Smarak Samiti, one of the institutions run by the Trust. So, it was agreed that this amount should be deducted from the amount which was to be paid by the Trust to the complainant. It is the case of the complainant that a receipt for Rs. 10,172/- was obtained by the petitioners by using force against him and the amount was not paid to him. He Subsequently obtained that receipt from the clerk of the institution and destroyed it. It is the case of petitioners that the amount of Rs. 10,172/- was paid j to the complainant after deducting the amount of Rs. 5,312/- which was due by him to the Trust.

(3.) The complainant, therefore, lodged First Information Report before the police stating that a receipt was obtained from him by force and that it should be obtained from the petitioners and be returned to him. This complaint was examined by the police on 17th August 1975 when he had made a contradictory statement, viz. that he had contacted the Clerk of the Institution and obtained this receipt and tore it off. The Police registered the offence and after completing the investigation filed a chalan under section 384 of the Indian Penal Code.