- (1.) THIS application is directed against the order dated 5.7.2013 passed in Complaint Case No.1148 of 2012 whereby and whereunder cognizance of the offences punishable under Sections 406, 420, 468, 471/34 of the Indian Penal Code has been taken against the petitioner.
(2.) BEFORE adverting to the submissions advanced on behalf of the parties, the case of the complainant needs to be taken notice of. It is the case of the complainant that Rev.Joseph Minz (accused no.1) was appointed as Bishop of Simdega Catholic Diacesan in the year 1993 who continued to hold the said post till 10.4.2008. Being Bishop of Simdega, he was also acting as Ex.Officio President of Simdega Catholic Diacesan Education Society. While Rev.Joseph Minz was holding the said post, he called the complainant to his office and conveyed to him that under a Project of the Society, several buildings for schools, hostels, residences and a community hall are to be constructed for total estimated cost of Rs.321 crores and 45 lacs. The said money provided by the foreign country has been received at Reserve Bank of India. Further it was told that for getting the said money released, 1% of the said amount is to be deposited with the Reserve Bank of India but such a huge amount is not with the Society and if the said money is arranged by him, it would be repaid with interest at the market rate and that he would be given preference in awarding contract for construction of the aforesaid buildings. The complainant agreed for that. The complainant in between 2007-09 paid a sum of Rs.65 lacs to the accused no.1 on being convinced by letter of authority given by the members of the governing body including the petitioner, authorizing the said Rev.Joseph Minz to receive money on behalf of the Society. Subsequently, when the complainant did find that nothing is happening in the matter, he made request to the accused no.1 and also the members of the governing body to pay back him money. After much persuasion, a sum of Rs.9.50 lacs was paid to the complainant in the month of December, 2008 and the accused persons promised to make payment of rest of the money. Thereafter later on, when the complainant did approach the accused persons for return of the money, he was shown another project report showing construction of the building for the estimated cost of Rs.40 crores. When nothing was done in this regard, the complainant became quite suspicious and then made enquiry and during enquiry, he came to know that all the accused persons, who were members of the governing body of Simdega Catholic Diacesan Education Society including the petitioner in connivance with each other had prepared a false Project report, letter of authority in order to cheat the persons and in this manner, it has been alleged that the complainant was put to loss of Rs.55.5 lacs.
(3.) ON the said allegation, a complaint was lodged which was registered as Complaint Case No.1148 of 2012 in which cognizance of the offences punishable under Sections 406, 420, 468, 471/34 of the Indian Penal Code was taken against the accused person including the petitioner, vide order dated 5.7.2013 which is under challenge.;