The absence of dishonest intention is crucial for establishing offenses under the Indian Penal Code, impacting the dismissal of complaints and the sufficiency of evidence in criminal proceedings.

ORDER

Chandra Dhari Singh, J. (Oral)--The instant petition filed under Section 428 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.") read with Article 227 of the Constitution of India has been filed on behalf of the petitioner seeking following reliefs:

"a) Pass an order for quashing of impugned order dated 08/03/2013 passed by Shri Vijay Kumar Dahiya, Additional Sessions Judge, Dwarka Courts, New Delhi, in Criminal Revision No.81/12 in the case titled as "Central Govt. employees Vs. Neterballabh & Ors." whereby the Learned Sessions Judge upheld the order dated 22.05.2012 of dismissal of complaint passed by Shri Tarun Yogesh, Metropolitan Magistrate-01, Dwarka Courts, Delhi in Complaint Case No.3611/2011 of P.S. Delhi Cantt. titled as Lalit Kumar Tiwari Vs. Neterballabh & Ors." filed under section 200 of the Code of Criminal Procedure, 1973 for commission of offences punishable under section 420/467/468/471/474/120-B/34 of Indian Penal Code, 1860, in the interest of justice;

b) Pass an order for quashing of the order dated 22.05.2012 of dismissal of complaint passed by Shri Tarun Yogesh, Metropolitan Magistrate-01, Dwarka Courts, Delhi in Complaint Case No.3611/2011 of P.S. Delhi Cantt. titled as Lalit Kumar Tiwari Vs. Neterballabh & Ors." filed under section 200 of the Code of Criminal Procedure, 1973 for commission of offences punishable under section 420/467/468/471/474/120-B/34 of Indian Penal Code, 1860, in the interest of justice;

c) The Learned Trial Court may kindly be directed to take the cognizance of commission of offences punishable under Section 420/467/468/471/474/120-B/34 and 406 of Indian Penal Code, 1860 and under other relevant sections of the Indian Penal Code, 1860, to issue summons to the respondents and try the criminal complaint bearing No.3611/11 of Police Station Delhi Cantt filed under section 200 of Code of Criminal Procedure, 1973 against the respondents in accordance with law;..."

2. The brief facts of the case are that the petitioner is the Central Government Employees, Residents Welfare Association, Delhi Cantt., which was recognized by the Government of India, Ministry of DOPT and registered under the Society Registration Act, 1960 and was having grant in aid from Government of India. The instant petition is filed by the Association through its President, who was legally authorized to initiate legal action by the members of Association in the General Body Meeting held on 3rd April 2011 as per their bylaws. Petitioner was further empowered to initiate legal actions against the misholdings and illegalities committed by the respondents on the letter head of Resident Welfare Association (RWA).

3. The respondents proposed to celebrate Independence Day in the year 2010 but the petitioner refused to do so on account of shortage of funds in terms of the managing committee meeting held on 8th August 2010. On 12th October 2010, respondent No.4 got printed 2000 pamphlets and 5 bills from Headquarters Delhi Area, Printing Press, Delhi Cantt in the name of complainant organization without their consent and permission. On 9th January 2021 and 16th January 2021, respondents were given an opportunity to explain under what circumstances they have got printed cash receipt books and collected money in the name of the organization of the petitioner but the respondents left the meeting without being given an explanation. The petitioner Association submitted the report of the above said incident to the Chief Welfare Officer, Ministry of DOPT. It is alleged that the respondents continuously used the letter head of the petitioner Association and collected a sum of Rs.25,100/- for