IMPORTANT POINT
The sufficiency of grounds for proceeding against the accused is determined based on the yardstick of suspicion of a prima facie case, and it is emphasized that it is not the stage to conduct a mini trial.

JUDGMENT

Navin Chawla, J. (Oral) CRL.M.A. 9345/2024

1. This application has been filed seeking early hearing of the petition.

2. With the consent of the learned APP, the petition is taken up for hearing today itself.

3. The application stands disposed of.

4. The next date of hearing before this Court, that is, 04.09.2024, stands cancelled.

CRL.M.C. 4862/2022

5. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, `Cr.P.C.') read with Article 227 of the Constitution of India, challenging the order dated 02.08.2022 passed by the learned Additional Sessions Judge-06, New Delhi District, Patiala House Courts, New Delhi in Criminal Revision No.31/22, titled Sh. M.A. Suresh v. The State (Govt. of NCT of Delhi), dismissing the said Revision Petition.

6. The above Revision Petition was filed challenging the order dated 01.11.2021 passed by the learned Metropolitan Magistrate, Patiala House Courts, New Delhi in Criminal Case No.48416/2016, titled State v. J Samimalai & Ors., whereby the learned Trial Court framed the charges inter alia against the petitioner herein for the offence punishable under Sections 408/409/477A/120B of the Indian Penal Code, 1860 (in short, `IPC').

Factual Matrix

7. It is the case of the prosecution that the FIR No.74/2012 has been registered on the direction of the learned Additional Chief Metropolitan Magistrate under Section 156(3) of the Cr.P.C., on a complaint filed by the Secretary, Delhi Tamil Education Association (D.T.E.A), Lodhi Estate, New Delhi. In the complaint, it was stated that the petitioner herein was the Joint Secretary of the said Society from 2006 till 14.02.2010. On completion of the tenure, he alongwith the co-accused J.Samimalai, Secretary of the said Society, did not hand over the documents like Minutes Books belonging to the Complainant Society to the next Governing Body. They have also forged the Memorandum of Understanding dated 25.01.2010, whereby they sold the Maruti Omni car belonging to the Society for a sum of Rs.70,000/- to one Mr.R.Mohan Kumar; purchased, on behalf of the Complainant Society, one second hand Maruti Wagon R car for a very high amount of Rs.4,21,000/- from the said co-accused Mr.R. Mohan Kumar. The car purchased was also hypothecated with ICICI Bank and the monthly instalments had not been paid by the accused Mr.R.Mohan Kumar; and that the car purchased was thereafter hypothecated to co-accused Mr.R.Mohan Kumar for a consideration of Rs.1,50,000/-, in the name of expenses/fees for conducting the election in the society.

8. The prosecution further alleges the role of the petitioner as under:

"1. Petitioner MA Suresh along with other accused J Sami Malai has not handed back the minute's book to the new management of the DTEA society.

2. Petitioner MA Suresh along with other accused J. Samimalai & R. Mohan Kumar have done the illegal act of violating HP Agreement by purchasing the vehicle Maruti WagonR No DL-3C-AZ-1721 in the name of society while the vehicle was still under HP Agreement with ICICI Bank and could not be sold or purchased.

3. Petitioner MA Suresh along with other accused J Sami Malai mortgaged the vehicle Maruti Wagon R to accused R Mohan Kumar for Rs.1,50,000/- without the approval of Governing body of DTEA Society.

4. Petitioner MA Suresh along with other accused J Sami Malai has done misappropriation of Rs.75,000/- from the amount of Rs.1,50,000/- which they have received from R Mohan Kumar in the name of mortgaging vehicle Maruti Wagon R to him. They deposited only Rs.75,000/- in bank account of DTEA Society."

Submissions by the learned counsel for the petitioner

9. The learned counsel for the petitioner submits that the allegations against the petitioner are totally unfounded. He submits that the Minutes Books of the Society were in the possession of Mr.J.Samimalai, Secretary of the Society. He submits that there is no document produced by the prosecution which would show that these Minutes Books were ever in possess