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2019 Supreme(Jhk) 92

SHREE CHANDRASHEKHAR
Kansari Mandal son of late Abinash Chandra Mandal – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. A. K. Kashyap, Sr. Advocate, Mr. Satya Prakash Singh, Advocate, Mr. Anurag Kashyap, Advocate
For the Respondent:Mrs. Sadhna Kumar, A.P.P, Mr. R. S. Mazumdar, Sr. Advocate, Mr. Pratik Sen, Advocate

JUDGMENT :

The petitioners have challenged the order dated 16.06.2015 by which cognizance of the offence punishable under section 406, 420/120-B IPC has been taken in C.P. No. 42 of 2015 and summons has been issued to them. They are members of the Dhanbad Bar Association who were elected office-bearers of the Association for 2012-2014.

2. An audit of accounts of the Dhanbad Bar Association was conducted by M/s Anjali Jain & Associates which has submitted a report to the Association on 30.08.2014. The gravamen of the allegations against the petitioners is that the auditors have found misappropriation of Rs.1.25 crores from the funds of the Association. In the report dated 30.08.2014, what the auditors have observed, therefore, has become important. A copy of the audit report has been brought on record by the complainant-O.P No. 2 vide Annexure-C to the counter-affidavit. The relevant extracts of the report are reproduced below:

Auditor’s Report

To,

The Secretary District Bar Association

Dhanbad, Jharkhand

1. We have audited the attached Balance Sheet of District Bar Association Dhanbad, Jharkhand as on 31st, March 2013 and also the Income & Expenditure Account along with the Receipt & Paym
























































































































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