High Court dismissed the present criminal application quashing the orders of Metropolitan Magistrate and Sessions Court. Application was rejected summarily, noting mismanagement issues should be addressed via the Maharashtra Co-operative Societies Act.
No relief granted. The impugned orders are maintained. Application dismissed summarily.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SIDE JURISDICTION
CRIMINAL APPLICATION NO.836 OF 2007
Mr.Madhukar Aher ...Applicant.
V/s.
Mr.A.B.Kulkarni & Ors. ...Respondents.
Mr.Lobo, adv. for the Applicant.
Shri Bhatia, adv. for the Respondent No.1.
B.K.Ashok, adv. for the Respondent No.2.
CORAM: J.H.BHATIA, J.
DATE : 10th April, 2007.
P.C.:
1. Heard Mr.Lobo the learned counsel for the applicant
and Mr.Ashok the learned counsel for the respondent no.2
and Mr.Bhatia for the respondent no.1.
2. The applicant and the respondent nos.1 and 2
are the members of Indian Airlines Gaganvihar
co-operative housing society. The respondent no.2 was a
secretary of the said society during the period from
1984 to 1990. The applicant filed complaint against the
respondent nos.1 and 2 and that complaint was registered
as criminal case on 31-5-2002 in the Court of
Metropolitan Magistrate, 10th Court, Andheri. The case
was for the offences punishable under Sections 378, 403,
405, 420, 424, 468, 477A of the I.P.C. The allegations
were made mainly about mismanagement of the society and
there was general allegation about misappropriation of
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funds. The alleged offences were committed during the
period from 1984-1990 and the complaint was filed in the
year 2000, i.e, almost 10 years after the alleged
offences. After hearing the parties the learned
Metropolitan Magistrate passed an order on 8-2-2005
discharging the accused no.2 under Section 245(2) of the
Cr.P.C. The learned Magistrate noted that the
complainant was not authorised by any resolution of the
society to file a complaint against the respondent nos.1
and 2. He further noted that certain allegations made
in paragraph 7 of the complaint are mainly about
mismanagement of the funds as well as mismanagement in
proper functioning of the society. Only in paragraph
7(r), it was alleged that payments were repeatedly
purported to have been made to the architect, lawyers
and plumbers without proper receipts and no record is
made available regarding such payments. In view of
this, the learned Magistrate found that there is no
material to establish the offences punishable under
Sections 420 read with Section 34 of the I.P.C. Infact
the society had passed the resolution condemning the act
of the present applicant in filing complaint against the
respondents. The applicant challenged that order by
filing revision application before the Sessions Court.
The learned Additional Sessions Judge after giving
detailed reasons rejected revision application by order
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dated 19th July, 2006.
3. The applicant has preferred the present
application under Section 482 seeking to quash the
orders passed by both the Courts below.
4. After hearing the parties at some length and
after perusal of the complaint and impugned orders, I
find no substance in the present application. In fact
about the mismanagement of the society, action may be
taken by the concerned Registrar under Maharashtra
Co-operative Societies Act.
5. Application stands dismissed summarily.
(J.H.Bhatia,J.)
1 issue framed by the court
Whether the orders of the Metropolitan Magistrate discharging the accused and the Sessions Court rejecting the revision, disapproved in this criminal application, ought to be quashed under Section 482
5 provisions across 3 enactments
Madhukar Aher
A.B.Kulkarni
Respondent No.2
J.H.Bhatia
As recorded by the court registry
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