HARI SHANKAR SHIVHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge is to an order dated 19.09.2018 passed by Special Judge, Gwalior (M.P.); whereby, charges under Sections 420, 467 and 406 of IPC are levelled against the petitioner on the allegation that while not holding the post as the President of the Society, the petitioner posing himself to be a President inducted 19 members in the society and executed sale-deeds between the period from 24.01.2003 to 17.11.2004 in favour of these 19 persons and embezzled Rs.2,88,500/-.

(2.) It is contended that the petitioner is falsely implicated. To substantiate the contention, the petitioner led us through the documents filed along with the charge-sheet. It is urged that the dispute in question is of the civil nature and there is no element of mens rea. On these contentions, petitioner seeks quashment of FIR.

(3.) The respondents, on their turn, have repelled the contentions.