Amar Singh Chauhan, J. - (1.) Heard Sri Vikas Srivastava, learned counsel for the applicant, learned AGA for the State and Sri Ashish Kumar Sinha, learned counsel appearing on behalf of opposite party no. 2.
(2.) The applicant, O.P. Verma, through this application under section 482 Cr.P.C. has invoked the inherent jurisdiction of the Court with a prayer to quash the proceeding of Criminal Case No. 121 of 2011, arising out of Case Crime No. 139 of 2004 under sections 409, 467, 468, 471, 120B IPC, Police Station Kotwali, District Ghaziabad, pending before the court of Additional Chief Judicial Magistrate, Court No. 3, Meerut.
(3.) Brief facts which are requisite to be stated for adjudication of this application are that the opposite party no. 2 Tara Chandra lodged the First Information Report against the President of the Society one Sri B.D. Sharma and Sri R.D. Sharma on 19.3.2004 being Case Crime No. 139 of 2004 under sections 409, 467, 468, 471, 120B IPC at Police Station Kotwali, District Ghaziabad with the allegation that the applicant was working as Secretary in AJPA Sahkari Awas Samiti Limited, Ghaziabad and after getting fake sign, the Bank Secretary Sri R.D. Sharma and President of the Society Sri B.D. Sharma by hatching conspiracy with the Vice-President Bal Kishan Sharma withdrew the amount of Rs. 3.5 crores from the account of the Society and embezzled the said amount and, on the complaint of the informant, an order under section 35 of the Co-operative Societies Act, 1965 was passed placing the Committee of Management under suspension and Administrator was appointed to look after the said Society. The Investigating Officer of Police, after collecting the investigation, submitted charge sheet against the said accused. The opposite party no. 2 filed an affidavit alongwith an application before the learned Sessions Judge, Ghaziabad stating therein that under some mistaken belief he has lodged the First Information Report and the account of the Society is correct, no fraud or embezzlement has been committed by Sri B.D. Sharma and Sri R.D. Sharma, who were named as accused and also request was made to drop the proceeding. The complainant itself filed a Criminal Misc. Application No. 10889 of 2005 under section 482 Cr.P.C. before this Court for quashing the entire proceeding of Case Crime No. 139 of 2004 under sections 420/467 IPC in which another Bench of this Court passed an appropriate order and quashed the proceeding. Thereafter in compliance of the order dated 20.2.2007, learned Additional Chief Judicial Magistrate, Ghaziabad closed the criminal proceeding. Before submitting charge sheet by the civil police, the investigation was transferred to Co-operative Cell and Investigation Officer of the Cooperative Cell after making detailed investigation submitted the charge sheet against the applicant as well as a number of accused and ACJM Meerut (Cooperative Cell) took the cognizance against the applicant as well as other accused.;