BRIJENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the opposite party No. 2.

(2.) THIS application has been filed for quashing of the entire criminal proceeding of Complaint case bearing C/1 case No. 9 of 2001 including the order dated 7.1.2006 whereby and whereunder cognizance of the offences under Sections 409, 418 and 197 of the Indian Penal Code has been taken against the petitioner.

(3.) LEARNED counsel appearing for the petitioner submits that though allegation has been there in the complaint that the petitioner having realized a sum of Rs. 6,91,401/ - did not deposit it with the newly elected committee of the Society but those allegations have been made without there being any basis and that the petitioner did allow all the participants to contest the election as in the nomination form, they have declared that they are not defaulter and if they were not the defaulter, question of realizing the amount which was due to him does not arise and moreover, when the matter was raised before the Joint Registrar, Co -operative Society, he made an enquiry on the allegation and did find the petitioner to be innocent which would be evident from Annexure 6 and that document being impeachable in character can be looked into even at this stage, in view of the decision rendered in a case of All Cargo Movers (I) Pvt. Ltd. and others vs. Dhanesh Badarmal Jain and another [2008 (1) JLJR (SC) 51] and under this situation, the instant prosecution including the order taking cognizance is fit to be quashed.