- (1.) THIS application under S.482 CrPC has been filed for quashing the order dated 18-3-1999 passed in GR No. 135/98 corresponding to Doranda (Argora) P. S. Case No. 176/98, whereby and whereunder the learned CJM, Ranchi took cognizance against the petitioners under S.468, S.420 and S.120B IPC.
(2.) FACTS leading to the filing of this application are that opposite party no. 2 complainant filed a complaint, which was sent to the court of CJM, Ranchi under S.156(3) CrPC for registration and investigation and on the basis of that Doranda (Argora) P. S. Case No. 176/98 was registered under S.468, S.420 and S.120(B) IPC. As per prosecution case, a demand notice was issued vide letter no. 1189 dated 17-12-1993 from society and according to which a sum of Rs. 7443/- was to be paid by the complainant. The complainant paid Rs. 7381/- in four instalments by cheque but receipt were issued sometime in the name of his brother and sometime in the name of nominee no. 2. It is further alleged that he submitted a petition on 4-9-94 to separate development contribution and Municipal tax for nominee no. 2 which was not done even after assurance given to him by the Secretary that it would be placed before the New Board of Directors. It is alleged that the matter was never placed before the New Board for consideration, although Dr. D. K. Banerjee and Sri N. P. Sinha were reelected as Vice Chairman and the Honorary Secretary respectively. Another allegation is that an amount of Rs. 12,500/- was advanced as L. I. G. loan against which Rs. 13,615/- was paid back but even then interest amount went on increasing and bacame Rs. 10,944/- on 31-3-93 from Rs. 1062/- and finally it became Rs. 11,475/- on 31-12-93. According to the complainant, as per agreement only Rs. 6 1/2% was to be charged and a rebate of Rs. 1 1/2% was to be allowed for timely payment but higher rate of interest was charged without any reason. Another allegation is that complainant was several times called by Dr. D. K. Banerjee and was assured by him that his matter be placed for separation of account before the New Board but the matter was never placed. Further allegation is that the list of members notified earlier found mention of the name of Sri A. M. Kumar, which was subsequently changed and his name was replaced by his deceased father without any reason with a motive to oust his elder brother from voting. Learned counsel appearing for the petitioner, submits that Someshwer Sahay was a member of Services Housing Cooperative Society and plot no. 347B was allotted to him. In 1982 he submitted a nomination form for his three sons namely Sri A. N. Kumar, Sri B. K. Srivastava (complainant) and Sri. A. P. Kumar, which was accepted by the society. It is further alleged that Sri A. N. Kumar, nominee no. 1, was spelt out as "Karta" in the nomination form. As there was no request made by him to make him member, the plot remained in the name of late Someshwar Sahay and all correspondences were made with Mr. A. N. Kumar as "Karta". It was further pointed out that a demand notice vide No. 1189 dated 17-12-93 was issued to Mr. A. N. Kumar indicating liability of each brother with copies to both the brothers and the complainant was to pay Rs. 7443/- against which he paid Rs. 7381/- in four instalments. It was further stated that while paying the first installment of Rs. 1000/- by cheque, he made a written request on 3-2-94 that receipts be issued in his name and as per established practice the Head Clerk issued receipt in the name of member of the Karta. On 3-2-94 the secretary was not present and, therefore, the Head Clerk issued receipt in the name of Karta Sri A. N. Kumar through Sri B. K. Srivastava.
(3.) IT is further alleged that on subsequent dates three receipts were issued in the name of Sri B. K. Srivastava, as he insisted for the same. On 12-4-95 Mr. A. N. Kumar was made "Karta" / "member" by the Board as per Byelaws clause 9(v) and Mr. B. K. Srivastava and his brother became associate member and the decision was communicated vide No. 283 dated 15-4-95 and copies of which were sent to complainant also.;