The bar on taking cognizance of offenses under the M.P. Society Registrikaran Adhiniyam 1973 is limited to those punishable under the Act and not under the IPC or any other law.

JUDGMENT

Vijay Kumar Shukla, J. - The present petition is filed under section 482 Cr.P.C. for quashing the complaint filed by the respondents before the JMFC, Mhow whereby the cognizance of the complaint has been taken and warrant of arrest has been issued against applicant Nos.1 to 3.

2. The applicants are seeking for quashment of the complaint, cognizance and issuance of arrest warrant and proceedings registered by court of JMFC, Mhow dated 1.10.2021 against the applicants under sections 405, 415, 420, 463, 464, 467 and 120-B of the IPC.

3. Facts adumbrated in nutshell are that applicants and private respondents are member of Swami Vivekanand Takniki Sanstha (hereinafter referred as Institute) which is a registered society under the society Registrikaran Adhiniyam, 1973. Since 2001, the respondents Smt. Alka Dubey W/o Suresh Dubey was Secretary of Society till its inception since 2016. Respondent-Deep Dixit was Joint secretary and another respondent-Sandeep Shrivastava was Executive Member of the society for a long time. According to the applicants, these persons along with Alka Dubey were conducting the affairs of the society as other members did not reside in Indore. The Institute and registered office of the society happened to be in Indore for many years until recently when registered office of the society was changed.

4. A complaint has been filed by the respondents alleging financial irregularities purported to have been committed by the present applicants in relation with Swami Vivekanand Institute. It is alleged that applicants were having charge of Swami Vivekanand Society and have jointly committed fraud by withdrawing Rs.74,07,606/- from the account of the society for their personal use and illegally transferred a sum of Rs.35 Lacs in the account of IPS College, Gwalior. Secondly, applicants have prepared and fabricated minutes of the meeting dated 13.5.2019 and 28.5.2019 wherein forged signature of the complainant were made illegally and fraudulently got power to operate bank account of the society and thereby committed embezzlement of the funds of the society.

5. Counsel for the applicants vehementally argued that complaint filed by the respondents is not maintainable in view of provisions of section 18, 32 and 37(2) of M.P. Society Registrikaran Adhiniyam 1973 which is a special Act especially formulated to deal with some eventuality. It is also submitted that in earlier round of litigation, one Writ Petition No. 3513/2020 was filed before this Court seeking a direction to the respondents for redressal before the Registrar under section 32 of M.P. Society Registrikaran Adhiniyam, 1973. The said order was affirmed by the Division Bench in Writ Appeal No. 825/2020.

6. Per contra, counsel for the respondents submitted that in view of provisions of section 18, 32 and 37 of the Act, there is no bar for the competent court of law to take cognizance of offence under the IPC. It is further submitted that the order passed by Single Judge in Writ Petition No. 3513/2020 holding that complainant Alka Dubey could not have been represented the Society and the petition at her behest is not maintainable was challenged before the Division Bench in Writ Appeal No. 825/2020. The aforesaid findings were set aside by the Division Bench in paragraph-7 of the order.

7. The short question arises for consideration in the present case is that whether the complaint filed by the private respondent is liable to be dismissed as not maintainable in view of the provisions of section 18,32 and 37(2) of the Adhiniyam 1973.

8. I have heard learned counsel for the parties and after appreciating the aforesaid contention, it is apposite to refer the provisions of section 18, 32 and 37 of the Adhiniyam, 1973 :-

Sec. 18. Members guilty of offences punishable as strangers -

Any member of Society, who shall steal, purloin or embezzle any money or other property, of such society, or shall forge any deed, bound, security for money receipt, or other instrument, whe