- (1.) At the time when the instant revision application is taken up for hearing it is submitted by the learned Advocate for the petitioners that petitioner No. 1 Dr. Rev. G. Andrews who is the President of Diocese of Eastern Himalaya Diocesan House, Gandhi Road, Darjeeling died in an accident. In view of death of petitioner No. 1 as reported by the petitioner's learned Advocate, the name of the petitioner No. 1 be expunged from the cause title of the revisional application. In spite of copy of this application being served upon the opposite party none appears. The affidavit of service filed be kept on record.
(2.) The instant revision application under Section 401/482 of Cr.P.C. has been preferred by the accused/petitioners for quashing of the impugned proceeding being G.R. Case No. 297 of 1995 under Section 406/34 of I.P.C. pending before the learned Sub-Divisional Judicial Magistrate, Darjeeling.
(3.) In a nut-shell the facts anterior to filing of the revision application, the fact are as follows : One organisation, namely, Church of North India was set up in 1976 amalgamating six Churches of Darjeeling District and Diocese. In 1984 Darjeeling Diocese had been running a School under the name and style of Darjeeling Diocese C.N.I. Bible Hill School and the said school was given a sum of Rs. 40,000/- by the Board of World Missionaries, Church of Scotland, United Kingdom for the benefit of the said school. The said amount of Rs. 40,000/- had been kept as Fixed Deposit in Indian Bank at Darjeeling at an annual interest of 11% and the interest accrued to the extent of Rs. 4,400.00/- was deposited till 1991 in the account of Darjeeling Hill Bible School, Mirik and the original amount was entrusted to Diocese of Darjeeling. Darjeeling Diocese was one of the units of the Church of North India (C.N.I.). Due to difference of opinion in the policy matter for appointment of teachers and other administrative function the Darjeeling Hill Bible School was separated from Darjeeling Diocese in 1996. The C.N.I. being the national body changed the name of Darjeeling Diocese as Eastern Himalayan Diocese since 1992. The said sum of Rs. 40,000/- was given to the Diocese of Darjeeling as unit of C.N.I. subject to stipulation that the entire money accrued from interest annually should be given to the School. Since 1.1.90 some dissidents led by the present opposite party No. 2 being the Principal of Darjeeling Hill Bible School at Mirik severed connection with the Diocese of Eastern Himalaya and those dissidents led by opposite party No. 2 asked for transfer of the said amount of Rs. 40,000/- given to Diocese of Darjeeling, C.N.I. since renamed as Diocese of Eastern Himalaya to the Darjeeling Hill Bible School and the present petitioners wrote to the Church of Scotland to decide as to whether that amount should be given to them but no reply thereto was received. Since the dissidents broke away from the Diocese the decision of the Church of Scotland was sought for and as the entire matter being a civil dispute it can not lead to any criminal liability of the petitioners. It is alleged that the entire sum of Rs. 40,000/- together with interest accrued there from annually till date have been lying in deposit with the Indian Bank, Darjeeling and as such question of conversion of the same to the use of the petitioners dishonestly never arose.;