Court affirmed that defenses in criminal proceedings are evaluated at trial and not during quashing applications, emphasizing the necessity to substantiate allegations properly.

JUDGMENT :

CHANDRA SHEKHAR JHA, J.

The present quashing application/petition preferred u/s 482 of the Code of Criminal Procedure (in short ‘CrPC’) on behalf of the petitioner for quashing of the entire proceedings arising out of Complaint Case No. 2042 of 2014, wherein cognizance has been taken against the petitioner/accused for the offences punishable under Sections 406, 504, 420 and 120-B of the Indian Penal Code (in short ‘IPC’) by the court of learned A.C.J.M., Gaya.

2. Allegation as averred in complaint case, suggest that “Buddhist Thai Bharat Society” (in short ‘Society”) is a charitable welfare society duly registered under the Societies Registration Act, where petitioner was inducted initially as member of society, who in due course of time, elected its General Secretary. It is alleged that petitioner in capacity of General Secretary of the Society committed numerous illegal acts with malafide intention, which caused wrongful loss to the Society and wrongful gain to himself. It is alleged that petitioner received donations and contributions made for the society in personal capacity and later on transferred the said money to the account of society by showing it as a loan given by him to the society and, therefore, he committed criminal breach of trust and also misappropriation of the fund of the society. As per the audit report for the year 2008-09, a sum of Rs. 25,28,646/- was shown as loan to the society, whereas in actual, the aforesaid amount was donated to society by different donors. It is further alleged that petitioner inducted his relatives in the governing body of society with malicious intention of securing majority of his own men in the governing body and thus, changed the democratic structure of the society for his wrongful personal gain. It is submitted that petitioner under conspiracy dishonestly removed several original documents, registers, sanctioned buildings plan, bank passbooks, bank statement, cheque books etc. of the society and despite of repeated requests did not return the same to O.P. No.2 and dishonestly committed theft. The petitioner and accused no.2 did not convene the general body meeting and did not conduct the election. It is also alleged that petitioner committed cheating and fraud with respect to his personal details in his passport with mala fide intention of obtaining wrongful gain for himself from the Government of India. Allegedly, the petitioner is a citizen of Thailand and possesses two passports in which his date of birth is the same i.e. 18.11.1947 but in the declaration regarding place of birth his one of the passports, he mentioned ‘Karanchi’ then in India as his place of birth and in another passport, same is being mentioned as ‘Bangkok’, (Thailand). It is also alleged that activities of the petitioner and accused no.2, namely Sarju Prasad were protested by O.P. No.2 and other members of the society, as they fraudulently interpolated the rules and regulations of the society to make them office bearers/members of governing body permanently, which was inserted in memorandum of society without informing the members of the society in the year 2014 but same was fraudulently inserted antedated showing 29.02.2008, which was informed to I.G. Registration, Patna on 07.04.2014. It is also alleged that petitioner along with accused no.2 in conspiracy, purchased several acres of “Parwana land” in Bodh Gaya on 15.05.2014, 16.06.2014 and 24.07.2014 by means of cheatin