N T KOTIAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioners. None appears for the second respondent, though the second respondent is represented by an Advocate. Learned A. P. P. appears for the first respondent.

(2.) This petition has been filed under Article 227 of the Constitution of India read with section 482 of the Code of Criminal procedure, 1973 (hereinafter referred to as "the said Code" ). The petitioners have prayed for quashing the proceedings of a private complaint filed by the second respondent.

(3.) The said society filed a dispute under section 91 of the Maharashtra Co-operative Societies Act, 1960 against the second respondent in the Co-operative Court. It is an admitted position that the second respondent was holding a flat in the building of the said society by virtue of his membership of the Society. It was stated that the society had obtained a loan from the Maharashtra State Co-operative Housing Finance Society and the second respondent was under an obligation to contribute towards the repayment of the said loan by paying the agreed monthly instalments. According to the society, the second respondent was a defaulter and he did not pay the requisite amounts. Therefore, the dispute was filed for recovery of the overdue amount as well as for an order regarding possession of the flat held by the second respondent. The said dispute was allowed.