YESHWANT CLUB Vs. STATE OF M P

JUDGEMENT

(1.) This is a petition filed by applicant under Section 482 of Cr. P. C.

(2.) According to facts of the case Yashwant Club is a registered society under the M.P. Registered Societies Act. In the year 2006-2008 and 2008-2010 accused No. 2 Dr. Hemant Doshi was the Chairman, Accused No. 3 Pravin Kasliwal was the Secretary, Accused No. 4 Kuklvinder Singh was Joint Secretary, Accused No. 5 Santosh Wagle was the Treasurer. In the present working managing committee of Yeshwant Club, Accused No. 6-Manjeet @ Tony Sachdewa is the Chairman, Accused No. 6-B Santosh Wagle is the Secretary, Accused No. 6-C Anil Vijayvargiya is the Treasurer and Accused 6-D Manish Baheti is the Joint Secretary of the yeshwant Club.

(3.) It is alleged that in the above years 2006-2008 and 2008-2010 there were some audit objections raised by the auditors and there was some financial irregularities. It is alleged that some of new members were given membership wrongly and accused persons have committed alleged offence by violating Rule No. 2K and 2J of the club. Hence a private complainant has been filed by Sanjay Gorani against above named accused persons including the Yeshwant Club, on 12.10.09 under Ss. 406, 420, 467, 468, 471 and 120B of the I.P.C. The complainant Sanjay Gorani is a businessman and permanent member of the club and he was member of Executive committee in the year 2006-2008. During his tenure he had an objection about the legal position of members and irregularities in the working of the Management. The accused persons were directors and members of the Executive Committee of the Club in the year 2006-2008 and 2008-2010 and they have prepared the balance sheet and all the documents showing financial condition of the club, income, profit and loss statement and the daily register of the club. They made the records of the club for audit to the auditors and chartered accountant. Thereafter they submitted the information to all the concern as per law.