CRL.M.C. 2106/2013

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Order: 18^th April 2022

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CRL.M.C. 2106/2013

CENTRAL GOVERNMENT EMPLOYEES RESIDENTS

WELFARE ASSOCIATION

..... Petitioner

Through:

Mr. Sameer Chandra, Advocate

versus

NETERBALLABH & ORS

..... Respondent

Through:

Mr. Atul Kharbanda, Advocate

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

CHANDRA DHARI SINGH, J (Oral)

1.

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:-

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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 3^rd April 2011 as per their bylaws. Petitioner was further

empowered to initiate legal actions against the misholdings and

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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 8^th August

2010. On 12^th 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 9^th January 2021 and 16^th 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

making members in the petitioner's Association.

4.

On 3^rd April 2011 the General Body Meeting was held and as per

their bylaws, the decision was taken by 123 members to initiate criminal

proceedings against the respondents. On 19^th May 2011, a written

complaint under Section 200 of Cr.P.C. was instituted by petitioner

against the respondents. The petitioner examined himself as CW-1 in the

Court. Vide order dated 22^nd May 2012, complaint under Section 200 of

the Cr.P.C. was dismissed by the Court below. On 8^th June 2012, the

petitioner filed a revision petition before the Revisional Court against the

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order dated 22^nd May 2012 passed by learned Metropolitan Magistrate,

Dwarka Courts, Delhi (hereinafter “MM”). Vide order dated 8^th March

2013, the criminal revision petition bearing CR No. 81/12 was dismissed

by Additional Sessions Judge (hereinafter “ASJ”).

5.

Hence, the instant petition under Section 482 of Code of Criminal

Procedure, 1973 is filed.

6.

Learned counsel for the petitioner submitted that the Court below

has passed the impugned order arbitrarily, without application of

judicious mind. It is also argued that the Court below has also failed to

appreciate the fact that respondent did not give complete accounts with

details of expenditures and the bills of purchase of articles. R