- (1.) Vide this judgment, the above-mentioned two petitions would be disposed of as the petitioner(s) have sought quashing of order dated 21.11.2008 (Annexure P7) whereby respondents were discharged qua the offence punishable under Section 420 of the Indian Penal Code ('IPC' for short).
(2.) Contents of the complaint (Annexure P1) reads as under:- "1.The complainant is an existing trustee of the "RAI BAHADUR MAKHAN LAL DHARAMSHALA TRUST" at Railway Road Rewari. He was appointed as trustee in succession of late Smt. Shakuntla Devi, wife of late Sh. Nemi Chand Jain. (Founder of the said Trust) and with the consent and approval of Smt. Usha Goel (O.P.No.1) Copies of registered deeds, documents dated 11.10.1954, 18.4.1975 and 27.1.1991 are annexed as annexure P1, P2 and P3 respectively. 2.That Smt. Usha Goel, wife of Sh.Ajay Goel (O.P.No.1) has without the knowledge and consent of an existing trustee (Sanjay Jain) complainant, and with the motive of criminal conspiracy, illegally appointed opposite parties No. 2 to 4, as trustee's to the said "RAI BAHADUR MAKHAN LAL DHARAMSHALA TRUST" and they have together forged an illegal deed of trust registered vide registration No.9969/4 at serial No.155 dated 22.12.1995 with the sub registrar at Asaf Ali Road New Delhi. Thus, committing a breach of Trust dishonestly and at the back of the complainant. (Copy of the said illegal trust deed registered vide No.9969/4 at serial No.155 is annexed herewith as annexure P4). 3. That the opposite parties No.1 to 4 have used this forged document (i.e. Trust Deed Registered vide No. 9969/4 at serial No.155) as to be genuine in Rewari, for claiming and collecting the income from rent from the tenants of the property of the trust at Rewari. 4. That the opposite parties have also committed forgery of the registered legal document, namely, the registered trust deed dated 27.1.1981 without any notice to the sub registrar at Rewari or to the complainant trustee, thus proving their intention of concealment. 5. That the said document of trust deed dated 27.1.1981 is a registered document and without the due authority any amendment is an offence under the Indian Penal Code. 6. That the opposite parties have committed an offence of cheating, forgery, criminal breach of trust and criminal conspiracy, disturbing the sanctity of the registered document (Original/First Trust Deed by the founder dated 11.10.1954) to gain from the illegal document of trust deed registered vide No.9969/4 at New Delhi and to cause loss to the complainant and the public trust. 7. That the opposite parties have fraudulently fabricated against the original trust deed dated11.10.1954 (registered by the founder of the trust) by adding the provision to transfer funds from the trust to unauthorized purposes like donation to schools and hospitals. 8. That the complainant having genuine apprehensions had timely informed the police authorities that the opposite party no.3, namely, Tarun Goel s/o Sh,Ajay Goel would leave the country (as he is doing service in the USA) and that his passport alongwith the others be confiscated and they be arrested immediately. 9. That the complainant approached the local police and the SSP Rewari with the complaint, which is registered in the complaint register in the police HQ at Rewari vide No.1362 dated 19.11.1996.(copy of which is annnexed herewith as annexure P5 to this complaint). The police refused to lodge the complaint, with the result that part No.3 i.e. Sh. Tarun Goel has left the country and the other opposite parties are also planning to leave the country. 10. That the opposite parties as stated above have committed acts of FORGERY, CHEATING, CRIMINAL CONSPIRACY AND CRIMINAL BREACH OF TRUST against the public charitable trust and they are liable to be prosecuted under appropriate sections of the Indian Penal Code i.e. 120B, 406, 420,423, 463, 464 ,467,468, 469, 470, 471, 472, 476 and 477. 11. That the actions of the opposite parties constitute various offences by themselves and deserve severe punishment, to save the charitable public trust and its funds from falling into the hands of unauthorized and undesirable persons,who have clandestinely converted the public trust into a private trust by criminal conspiracy and other illegal acts."
(3.) The case of the complainant, in brief, is that trust deed registered on 22.12.1995, by excluding the name of the petitioner Sanjay Jain as a trustee, was a forged and fabricated document. The said trust deed has been created with a view to cheat the complainant-Sanjay Jain. On the basis of the forged trust deed, the respondents had collected the rental income from the property of the Trust at Rewari.;