PARVEEN RAJGARIYA Vs. NARENDER AGGARWAL AND ANOTHER

JUDGEMENT

(1.) Applicant-Parveen Rajgariya, one of the complainants, has filed the present application under Section 378 (4) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") for grant of special leave to file an appeal against the judgment dated 01.06.2015 passed by learned Judicial Magistrate, 1st Class, Bhiwani, vide which respondent No.1 has been acquitted of the charges under Sections 406, 467 and 471 of Indian Penal Code (for short "IPC").

(2.) Brief facts of the case are that there were five complainants and the allegations are that name of respondent No.1 was proposed as President of Lions Club, Bhiwani (hereinafter to be referred as Club) for the year 2008-2009 but he was not appointed. After proposing his name, he started representing himself to be the President of the Club and collected membership funds from the various members for the year 2008-09 till 30.06.2008, without any right as the period of working committee for the year 2008-09 was to start with effect from 01.07.2008. The Club was also having a Fixed Deposit Receipt (FDR) for an amount of Rs. 72,068/- in the Indian Overseas Bank, Bhiwani and maturity date of which was 26.09.2010; but respondent No.1 represented himself as President of the Club and closed the account with Indian Overseas Bank. Thereafter on 08.07.2008, respondent No.1 opened a new account with Punjab National Bank in the name of Lions Club, Bhiwani and the amount of abovementioned FDR got transferred in this account. It is further alleged in the complaint that from 08.07.2008 to 11.07.2008, respondent No.1 deposited a sum of Rs. 1,55,225/- in favour of the Club and on 12.07.2008, he withdrew an amount of Rs. 88,000/- through cheque. It is further alleged that again on 08.08.2008, he withdrew an amount of Rs. 1,40,000/- from Punjab National Bank through self-cheque. Thus, respondent No. 1 had withdrawn an amount of Rs. 2,28,000/- from Punjab National Bank which stood deposited in the name of Club; but he used the said amount personally without any authority and never accounted for the same despite repeated demands by the other members of the Club and that led to filing of a private complaint on 13.07.2009. Thereafter, preliminary evidence was recorded and accused-respondent No.1 was summoned for commission of an offences under Sections 406, 467 and 471 IPC. Pre-charge evidence was recorded and on the basis thereof, respondent No.1 was charge-sheeted for the commission of offences punishable under Sections 406, 467 and 471 IPC to which he pleaded not guilty and claimed trial. Respondent No.1 vide his statement dated 10.02.2015, submitted that he does not want to further cross-examine any witness in the after charge evidence.

(3.) Statement of the accused, under Section 313 Cr.P.C, was recorded in which he raised the plea of false implication and examined six witnesses and brought on record documentary evidence to support his defence.