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2015 Supreme(Del) 3927

SUNIL GAUR
G. S. Gaini – Appellant
Versus
Sanjay Chiripal – Respondent


For the Petitioners:Mr. Suhail Malik, Mr. Vikas Malik and Mr. Vivek Jaiswal, Advocates.
For the Respondent:Mr. Harish Pandey, Mr. Manish Kumar and Mr. Mayak Upadhyay, Advocates.

JUDGMENT :

Sunil Gaur, J.:--

1. Petitioners are the erstwhile Office Bearers of Riviera Apartment Owners Housing Co-operative Society (hereinafter referred to as ‘the Society’) who have been summoned as accused in a Criminal Complaint for the offences under Sections 406/409/477A read with Section 120-B of IPC on the allegations of falsification of accounts of the Society and for misappropriation of Society’s funds.

2. Summoning order of 31st March, 2012 was assailed by petitioners by way of a criminal revision petition which stands dismissed vide impugned order of 9th December, 2013. The factual background, as noticed in the impugned order, is as under:-

“Brief facts leading to the present revision are that the revisionist were the members of the Managing Committee of Riviera Owners Co OP Housing Society Ltd. (hereinafter called as Society) which is registered under the provisions of Delhi Cooperative Societies Act. The complainant is one of the member of the Society, as he is having a flat bearing No. N-1 in the Complex of the society. It is the allegation of the complainant/ respondent against the revisionist that they have misappropriated the funds of the Managing committee for whic














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