- (1.) By this petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure Code, petitioner challenges the order dated 20.3.2013 passed by the learned Judicial Magistrate, First Class, Nagpur in Criminal Case No.2398/2008 arising out of Crime No.94/2008 dated 5.4.2008.
(2.) The facts giving rise to the petition may be stated in brief as under : a) Petitioner, a Charitable Trust, runs various educational institutions in the city of Nagpur. To meet the ends of educational institutions, petitioner developed some properties in the locality of Gandhibagh and Sadar into commercial/shopping complex. The commercial units in the shopping complex were let out to various tenants in consideration of monthly rent. b) The submission is that respondent no.1 represented himself as representative of petitioner-institution, illegally recovered rent from two tenants in the name of petitioner, forged the signature of General Secretary, opened a fraudulent account in the name of Anjuman-e-Islam by presenting forged and fabricated documents and closed the said account on 21.2.2004. c) Police authorities were informed by letter dated 4.3.2008. Crime No.94/2008 came to be registered for the offences punishable under Sections 420 , 468 and 471 of the Indian Penal Code against respondent no.1 at Tahsil Police Station, Nagpur. On completion of investigation, Charge Sheet No.133/2008 was filed before the learned Judicial Magistrate, d) First Class on 11.6.2008. On 19.1.2013, learned Magistrate referred the matter for mediation. Respondent no.1 appeared before the learned Mediator and vide application dated 18.3.2013 (Exh.16) accepted his liability to repay Rs.1,02,000/- as principal and Rs.1,02,000/- towards interest to the petitioner. e) The representative of petitioner-institution was also the signatory to the writing dated 18.3.2013. On receipt of the report of learned Mediator, complaint was disposed of by the learned Magistrate on 20.3.2013. It is this order which is the subject matter of the instant petition.
(3.) Heard Shri Masood Shareef, learned counsel for petitioner and Mrs. N.P. Mehta, learned APP for respondent no.2. Perused F.I.R. and orders dated 19.1.2013 and 20.3.2013 passed by the trial court.;