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2023 Supreme(Raj) 455

BIRENDRA KUMAR
Kamal Mehta, S/o. Late Shri Mahaveer Chand Mehta – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.K. Sharma with Ms. Alankrita Sharma, Mr. Rajesh Kala.
For the Respondents: Mr. Ghanshyam Singh Rathore with Mr. Santhosh Singh Shekhawat, Mr. Shiv Prakash Dhanera, Mr. Anil Sharma.

JUDGMENT :

1. The petitioner has sought for quashment of FIR No. 152/2014 registered with Shyam Nagar, Police Station, Jaipur (south) for offences under Section 120, 120B, 409, 461, 468 and 471 IPC.

2. The main ground of challenge is that statutory provisions were not complied before registration of FIR and the FIR discloses no offence against the petitioner.

The petitioner was elected Chairman of the Board of Directors of Vaishali Urban Co-operative Bank Limited, Jaipur from the year 1998 to 2004 and again from 2006 to 26.6.2009. The said society was registered under The Rajasthan Co-operative Societies Act, 2001. The society had permission/licence from Reserve Bank of India under Section 22 of the Banking Regulation Act, 1949 to commence banking business. From time to time, inspection of the society was made by the Reserve Bank of India. Financial mismanagement and other deficiencies were recorded in the reports dated 6.2.2003 and 11.1.2003. When anomalies were not removed nor financial status of the society was improved, on direction of the Reserve Bank of India, banking facilities

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