$~16 & 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:14th February,2025 + CRL.M.C. 2553/2021 JITENDER KUMAR GARG S/o Late Shri O.P. Gupta, R/o A-1, Panchsheel Garden, Naveen Shahdara, Delhi-110032 .....Petitioner Through: Mr. Santosh Chauriha, Advocate.

versus

1. GURMEET SINGH S/o Shri Jagjit Singh, R/o A-48, Panchsheel Garden, Naveen Shahdara, Delhi-110032 .....Respondent No. 1

2. ANIL TANDON S/o Shri S.P. Tandon, R/o A-17, Panchsheel Garden, Naveen Shahdara, Delhi-110032 .....Respondent No. 2

3. ROHIT SUJI S/o Shri Ravneek Suji, R/o A-33, Panchsheel Garden, Naveen Shahdara, Delhi-110032 .....Respondent No. 3

4. STATE NCT OF DELHI Through its Standing Counsel .....Respondent No. 4 Signature Not Verified CRL.M.C. 2553/2021 & CRL.M.C. 2554/2021 Page 1 of 10 Digitally Signed Through: Mr. Prashant Sharma & Mr. Lokender Singh Rathore, Advocates.

+ CRL.M.C. 2554/2021 JITENDER KUMAR GARG S/o Late Shri O.P. Gupta, R/o A-1, Panchsheel Garden, Naveen Shahdara, Delhi-110032 .....Petitioner Through: Mr. Santosh Chauriha, Advocate.

versus

1. ANIL TANDON S/o Shri S.P. Tandon, R/o A-17, Panchsheel Garden, Naveen Shahdara, Delhi-110032 .....Respondent No. 1

2. GURMEET SINGH S/o Shri Jagjit Singh, R/o A-48, Panchsheel Garden, Naveen Shahdara, Delhi-110032 .....Respondent No. 2

3. ROHIT SUJI S/o Shri Ravneek Suji, R/o A-33, Panchsheel Garden, Naveen Shahdara, Delhi-110032 .....Respondent No. 3

4. STATE NCT OF DELHI Through its Standing Counsel .....Respondent No. 4 Through: Mr. Prashant Sharma & Mr. Lokender Signature Not Verified CRL.M.C. 2553/2021 & CRL.M.C. 2554/2021 Page 2 of 10 Digitally Signed Singh Rathore, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral)

1. The present Petitions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C., 1973”) have been filed on behalf of the Petitioner to challenge the Order of learned ASJ dated 20.07.2019 vide which the Order of learned ACMM dated 22.09.2018 dismissing the Complaint of the Petitioner under Section 200 of Cr.P.C, 1973 for offences under Section 499/500/502/504/506/34 of the Indian Penal Code, 1860 read with Section 66 of the Information Technology Act, 2000, was upheld.

2. The Petitioner a practising Advocate and a permanent resident of Delhi, had filed a Complaint under Section 200 of Cr.P.C, 1973 against the Respondents before the Court of learned ACMM, Delhi.

3. The brief facts were that he was one of the members of Panchsheel Resident Welfare Society (Regd.) of which he was elected as Vice President in the elections held on 27.04.2012. The tenure of the Management Committee was for 7 years. However, according to the Complainant, despite the Resolution of the Society, the Respondents started manipulating things and illegally held elections of the Society on 10.04.2016 i.e. after 4 years instead of seven years.

4. The Petitioner wrote a Complaint to the Registrar of Societies on 01.07.2016 in regard to illegal conduct of elections by the Society. The Registrar (Society) sent a letter dated 02.08.2016 to the Respondents seeking Signature Not Verified CRL.M.C. 2553/2021 & CRL.M.C. 2554/2021 Page 3 of 10 Digitally Signed a clarification. A Reply was given by the Respondents stating that the Petitioner does not hold any post in the Managing Committee of the Society, which however, was incorrect to their knowledge.

5. A Complaint was given to the SHO and a Civil Suit was also filed. The Complainant asserted that Accused/Respondent No.3-Sh. Sanjeev Panchaal and Accused/Respondent No.5-Shri Sushil Soni have admitted their guilt in the Civil Suit and an MoU was executed in a Civil Suit for Defamation, pursuant to which the Complainant had withdrawn his case against these two persons, while it was continued against other defendants.

6. The Petitioner filed his Complaint under Section 200 of Cr.P.C., 1973 wherein averments were made that the Respondents had held the election illegally and unauthorisedly on 10.04.2016 and pos