Decided on December 18,2013

State of Uttarakhand and others Respondents


- (1.) The applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the order dated 17.01.2009 passed by the Judicial Magistrate IInd, Dehradun in Criminal Case No.4579 of 2009, titled as Ashok Arora vs. R. P. Singh & others, as well as the order dated 23.08.2010 passed by Additional Sessions Judge IIIrd, Dehradun in Criminal Case no.44 of 2009.
(2.) A criminal complaint case was filed by the complainant (applicant herein) against 4 accused persons (respondents no.2 to 5 herein) in the court of Special Judicial Magistrate-II, Dehradun for the offence punishable under Section 409 IPC read with Section 120B IPC. Documents were also filed alongwith the complaint. Statement of the complainant was recorded under Section 200 Cr.P.C. Statement of J. S. Sharma was recorded under Section 202 Cr.P.C. After considering the statements and documents thus filed, learned Judicial Magistrate-II, Dehradun dismissed the complaint under Section 203 Cr.P.C., vide order dated 17.01.2009. Aggrieved against the same, a criminal revision was preferred by the complainant before the Sessions Judge. The said revision was dismissed, vide order dated 23.08.2010 passed by 3rd Additional Sessions Judge, Dehradun and the order of learned Magistrate dated 17.01.2009 was affirmed. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the applicant/complainant.
(3.) According to complaint, Rotary Club Dehradun opened a saving bank account bearing SB account no.11918 in Punjab and Sind Bank, Inder Road, Dehradun branch in August 2006. The President Ashok Arora, Secretary J. S. Sharma and Treasurer D. K. Mittal were the three signatories, who were entitled to operate the said account. Vide resolution of the Board of Directors of the Club, the membership of some members was terminated on 09.04.2007 and the said decision was unanimously approved by the General House of the Club. The intimation of the same was immediately given to the concerned members individually. The said members whose membership was terminated moved their joint application dated 19.04.2007 addressed to the President of Rotary Club. After 09.04.2007, the persons whose membership was terminated or at least when the said persons admitted intimation of the said termination, they had no right or interest in Club matter and, particularly, in the funds and property of Club, but the accused, while indulging in a criminal conspiracy with these persons stopped the operation of the saving bank account no.11918 of Rotary Club, Dehradun and refused to honour a cheque bearing no.950920 dated 28.04.2007 of Rs.20,000/- towards part payment of meeting and food expenses, to the Hotel M. J. Residency, where the regular meetings of the Club were taking place on every Monday. The noting in the memo of the bank dated 03.05.2007 giving reason to honour the cheque, i.e. payment stopped by club was factually wrong. The persons, who approached the bank for stopping the payment, were no more members of the Club after 09.04.2007 and the applicant had already intimated that these members had already forfeited all interest in the Club, it s finance, funds and properties. The accused persons, being bankers, were entrusted with the funds of Rotary Club and the account was held with them (bank) and they were duty bound to encash the said cheque. There was no reason to dishonour the said cheque. By not honouring the said cheque, inspite of sufficient balance in the said account, the accused persons have committed criminal breach of trust. It was accordingly prayed in the complaint that the accused persons (respondents no.2 to 5) be convicted under Section 409 read with 120B IPC.;

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