RAJESH SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of this common judgment, I shall dispose of both the above-mentioned petitions.

(2.) Dr. J.N. Kumaria entrusted the Minutes Book to Rajeev Kumaria as the same was required to be produced in the court regularly in a civil suit filed by the complainant against Inderjit Singh, who wanted to become the President of the Society. On 26/4/2014, a resolution was passed in the presence of accused Rajeev Kumaria and Sonia that the said minutes book would be returned by Rajeev Kumaria to Dr. J.N. Kumaria as and when demanded and it was also resolved that entries in the minutes book were to be added by Dr. J.N.Kumaria only. However, petitioner-Rajeev Kumaria refused to return the said minutes book when demanded.

(3.) On 25/4/2015, annual meeting of the society was convened, which was presided over by the complainant. Rajesh Sharma-complainant was re-elected as President of the Society but accused Rajeev Kumaria and Sonia refused to sign the proceedings. A sub-committee was constituted to take the necessary action for recovery of original minutes book. The complainant on behalf of the Society filed a civil litigation. It is stated that accused-Rajeev Kumaria in furtherance of his criminal conspiracy allegedly forged an ante dated entry of 31/5/2014 in the minutes book to the effect that he shall discharge the function of Manager-cum-Ex-officio Secretary of the Society as Dr. J.N. Kumaria was living at a distant place and incorporated the name of Rahul Kumaria as a member in place of Kharaiti Ram (since deceased). He is also alleged to have forged another entry incorporating the name of his son Karan Kumaria in place of Inderjit Sood. When the complainant left with no other option, he filed a complaint before the learned trial Court.