AMAR BAJAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has approached this Court for quashing the charge-sheet filed in Crime Number 312/2010 under sections 406, 409, 420, 201, 467, 468, 471, 506 and 120-B IPC and 13(1)(C), 13 (1)(d), r/w. 13(2) of the Prevention of Corruption Act, 1988 registered at Police Station Annapurna against him and some other persons on the basis of written complaint dated 23/06/1994 filed by the Co-operative Inspector making allegations that the President and Directors of Savita Grih Nirman Sahkari Sanstha, Indore have misappropriated some amount of its members by forging some documents and all consequential proceedings of Special case no. 04/2010 pending against him before Special Judge (P.C. Act), Indore.

(2.) Relevant facts in brief are that the petitioner was Director of Savita Grih Nirman Sahkari Sanstha Maryadit, Indore (for short Savita Society). Savita Society purchased agricultural land bearing survey nos. 643/1, 643/1/11, 606/3,597,612,610 and 609 admeasuring 4.605 hectares situated at Gram Pipliyahana, Indore (for brevity hereinafter called as the disputed land) from Jagriti Grih Nirmaan Sahakari Sanstha Maryadit, Indore (for short Jagriti Society). As per the complaint, following illegalities have been committed in this sale-purchase:

(3.) Further, it is alleged that the office bearers of the Savita Society malafidely withheld the information regarding purchase of land bearing survey no. 13/04/02 admeasuring 0.809 hectare situated at village Tejpur from Kasht Nivarak Grih Nirman Sahakari Sanstha Maryadit in the year 2002-03 in consideration of Rs. 46,150/- and they also did furnish this information to the auditors for next three consecutive years i.e. in 2003-04, 04-05, 05-06. When this forgery came into the light during inquiry of Kasht Nivarak Society in the year 2006-07, an entry regarding this purchase was made in the books of account showing this expenditure from the amount received from the petitioner, who was one of director at that time. Thus, the petitioner forged and fabricated the record by making false and fake entries.