83 0e 0 Crlisc No 644464 of2005 1 IN THE HIGH COURT OF PUNJAB S HARYANA CHANDIGARH Cr MiscVoWm64446 of 2005 Date of DecisionAugust 30 2011 Surat Singhand another Petitioners Versus 1 tr 0 0 State of HaryanaS others 2espondents I Coram2 Honble MrJustice Sabina 0 I Present MrRhalia Advocate for the petitioners MrAamdneep Advocate General Haryana Z None f6r respondentNo 2 C 3k14 I Sabina Je 1 Z P6titionershave filed this petitionunder Section 482 of the Code of Criminal Procedure1973 short C PCI seeking m quashing of ComplaintNo 214 of 1997 dated 61997 lexure 7 Z Pl l under Sections of the Indian Penal Code Qs short IPCI and summoningorder dated 11 2005 Annexur P21 passed by the Additional lChief Judicial MagistrateRohtak under Section 4681471 read with Section 1208 IPC Learned counsel for the petitionershas submittedthat the pooceedingsagainstthe petitionerscould not continue as the complaintin question could only have been Iodged by the ln support of his arguments Iearned counsel has placedreliance on Section 21 of the Societies Registration Act 1860 KUMAR SURESH SHAM LAL 2012.06.25 10: 43 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 84 01 4 CrllVlisc No 64446 of2005 2 for short the Actl None has appearedon behalf of respondentNo 3 State is a proformapartyas this petitionhas been filed seekingquashingof the privatecomplaint After hearingtbe Iearnecounsl for the parties am of the opinionthat the instant petitiondeserved dismissal 1 The complaintin questionhas been filed againstthe petitionersunderSections 420 468 471 and 34 IPC The case of 0 0 the complainants is that petitionerNo was the President of the Societyfrom May 1992 to August 1995 and accusecoetitioner No2 C5 was the Secretarycum Cashierfrom May 1992 to June1994 At the time of the filingof the both the petitioners vere the Z membersof the governingbody The allegationsIevelled againsthe petitioners are that duringtheir tenure as functionariesof the Society I they have committed grave The petitionershad 0 l Z tampered with record and had the hugefunds of the m society 7 Section 11 of the Act reads as underl Z lMembers guiy of offences punishable as tl strangers Any member of the societywho shall steal purloinor embezzle any money or other propeny or wilfully and maliciously estroy or injureany property of such society or shall forgeany deed bond securityfor money receipt or other instrument wherebythe funds of the society may be exposedto Ioss shall be subjectto the sarneorosecution and if convicted shall be Iiable to be 0 punished in Iike manner as any person not a member KUMAR SURESH SHAM LAL 2012.06.25 10: 43 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 85 1 0 CrMisc No 64446M of2005 3 would be subjectand Iiable to in respect of the Iike offence 71 Section21 of the Act applicable to the State of Haryanareads as underl 2Cognizance of offence No Court inferior to that of a JudicialMagistrateof the first class shall try any 0Hence underthis Act nor shall cognizance of any su6h oHence be m lr taken except on a complaint in writingby the Registraror 0 Co anyperson authorisedbyhim in writingin this behalf Thus a perusalof Section 11 0f the Act reveals that if a 0 32 member of the has committedembezzlement or of record then the said member shall be subject to the same Z a prosecutionas any person nota memberofthe Society Sofar as C Section 21 ofthe Acts concernedthe same relate to the offence I which has been committed under the Act So far as the oHence of Z forgeryor embezzlement is concerned the same does not come r within the offence under the Ac Moreover as per section 11 In 37 scaseoffencef embezzlement or forgeryis committedbya member Z then he is tried to be in the same manner as the person who is not 4L the member of the society is to be tried Hence no groundfor intetference bythis Court is made out Dismissed 1 1 Sabin I 1 Judge AuguSt30 2011 arya 1 J l 1 KUMAR SURESH SHAM LAL 2012.06.25 10: 43 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document