JUDGMENT - M.P. KANADE, J.:---These two applications arise out of a criminal complaint filed by one P.H. Nanavati in the Court of the Metropolitan Magistrate, 14th Court, Girgaum, Bombay. Criminal Application No. 71 of 1983 is filed by the Chairman of the Navyug Nagar Co-operative Housing Society Limited, while Criminal Application No. 72 of 1983 is filed by one K.M. Shah, the Ex- Chairman of the Society.

2. For relevant facts leading to these criminal application require to be stated in order to appreciate the point involved in them. During the year 1979-80 P.H. Nanavati, opponent No. 1 in Criminal Application No. 71 of 1983 was the Chairman of the said Society, and one C.P. Wagh, opponent No. 2 in both criminal application was the Honorary General Secretary of the said Society. On November 24, 1980 Nanavati filed a complaint against Wagh under section 323 of the Indian Penal Code in the Metropolitan Magistrate's Court, 14th Court, Girgaum, Bombay, which is numbered as Case No. 140 / S of 1980. The case of Nanavati against Wagh is that on November 1, 1980 a meeting of the managing committee of the said Society was held and in the said meeting in the presence of the members of t

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