Narendra Kumar @APPELLANT@Hash State of Rajasthan & Ors.

The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. for quashing of FIR No.109/2016 dated 8.9.2016 registered at

Police Station Paladee (M), Sirohi and all the proceedings pursuant to the FIR for the alleged offences under Sections 420 & 406 of IPC.

Learned counsel for the petitioners states that same controversy has been settled by a coordinate Bench of this Court  in S.B. Criminal Misc.

Petition No.2708/2016 Purshottamdas Vaishnav Vs. State of Rajasthan & Anr. vide order dated 13.04.2017. The judgment read as under:

“By the instant misc. petition under Section 482 Cr.P.C. accused-petitioner is imploring annulment of FIR No.59/2016, registered at Police Station

Kotwali, Distirct Sirohi. In the impugned FIR, respondent-complainant has alleged that petitioner has committed offences punishable under Section

420, 406 & 120- B IPC.

The facts, apposite for the purpose of this petition, are that a complaint, laid by second respondent before the Chief Judicial Magistrate, Sirohi (for

short, ‘learned trial Court’) attributing offences aforesaid against petitioner, is forwarded to Police Station Kotwali, District Sirohi under Section

156(3) Cr.P.C. for investigation. In the complaint, it is alleged by the complainant that petitioner, Purshottam Das, the Chairman of Argosy Credit Co-

operative Society, Sirohi (for short, ‘Society’) in connivance with other elected members and officials of Society, has cheated him. As per

version of the complainant, he opened a fixed deposit on 07.02.2014 in which he deposited Rs.30,000/- for a fixed term of twenty four months which

was matured on 07.02.2016 with maturity amount of Rs.41,419/but on maturity of his account, the amount aforesaid is not paid to him despite his

repeated requests and persuasions. It is in that background, the complainant alleged that the petitioner in connivance with other officials of the Society

has misappropriated the amount of public constituting aforesaid offences against him and other accused.

In order to lay challenge to the FIR, petitioner has taken shelter of order dated 14.05.2015, passed by this Court in D.B. Civil Writ Petition(PIL)

No.26/2013 (Sajjan Singh Bhati Vs. State of Rajasthan & Ors.), wherein Court passed following order:-

“The writ petition is partly allowed with a direction that respondents 9 to 12 or any other cooperative society or the multi-state co-operative

societies registered under the Rajasthan State Cooperative Societies Act, 2001 and Multi-State Cooperative Act, 2002, shall not accept the deposit of

any kind and under any scheme from the public including, nominal members ordinary members of the members of any category of these societies,

except after obtaining licence under Section 22 of the Banking Regulation Act, 1949.â€​

The positive assertion of the petitioner is that due to the order passed in aforesaid PIL, all the banking activities of the Cooperative Societies within the

State of Rajasthan completely closed and made inoperative and that being so the amount deposited by the complainant and other incumbents could not

be paid to them by the Society. The petitioner has also made sincere endeavor to apprise the Court that there is no illintention on his part to

misappropriate the amount of the complainant and the Society is ready and willing to pay requisite amount to the complainant in part as per availability

of cash and in ratio of entitlement of its member/customer.

The petition came up before the Court on 03.10.2016 when notices were issued and learned Public Prosecutor accepted notices for the State.

Pursuant to the notices issued to respondent-complainant nobody has appeared on his behalf.

I have heard learned for the petitioner, learned Public Prosecutor and perused the materials available on record.

At the outset, it is observed that being in helm of affairs of the Society as its Chairman the petitioner was under an obligation to pay requisite amount

to the complainant upon maturity of his Fixed Deposit Account. Thus, dilly-dallying and reluctance on the part of petitioner to pay requisite amount of

the complainant has rightly prompted him to initiate action against him. While, it is true that decision rendered by the Division Bench in PIL aforesaid

has forced the Society to stop its banking activities but then a legitimate amount, which the Society owes to its member/account holder, cannot be

denied to him on that pretext. However, in the backdrop of hampering of banking activities as a consequence of judicial intervention, it is rather

difficult to fathom that gravamen of the charge attributed to him is prima facie made out. Moreover, factum of acknowledgment by the petitioner to

pay requisite amount to the complainant has also persuaded this Court to believe that prima facie criminal delinquency of the petitioner for the

aforesaid offences is under serious cloud. Although, factual report submitted by learned Public Prosecutor indicates that charge-sheet against one of

accused, named in the FIR, Nagendra Rawal, has been filed for the aforesaid offences but then, this sort of development itself cannot be a decisive

factor to decline interference in the matter at this stage. It is also brought to notice of the Court by learned counsel for the petitioner that entire

amount, deposited by the complainant under Fixed Deposit Account of the Society, has been paid to the complainant, cannot be eschewed by the

Court for appreciating his afflictions. Concurrence of the learned Public Prosecutor with the aforesaid submission of learned counsel for the petitioner

is also significant in the light of allegations made in FIR. That apart, nonappearance of the complainant, despite service of notice, also strengthens

belief of the Court that after receiving his requisite due amount he too is not interested to pursue the matter against the petitioner. Therefore, taking

into account peculiar facts and circumstances of the instant case, I feel persuaded to exercise inherent jurisdiction ex debito justitiae to do real and

substantial justice for the administration of which alone Courts exist. In my considered opinion, it would be an abuse of the process of the Court to

allow any action which would result in injustice and prevent promotion of justice.

The upshot of the above discussion is that instant criminal misc. petition is allowed and the impugned FIR and further proceedings pursuant thereto are

hereby quashed and set aside.â€​

Learned counsel for the petitioners states that the amount due to the complainants shall be paid in phased manner and the closure of the FIRs shall

be sought after clearing off such payments. Learned counsel for the petitioners states that in this regard, they shall submit necessary details before the

concerned investigating officer alongwith their representation and after the payments are made, the investigating officer may complete the

investigation strictly in accordance with judgment passed by a coordinate Bench of this Court, which is already reproduced above.

In view of the above, it is directed that till conclusion of the investigation, the petitioners shall not be arrested and in case need arises, either of the

parties shall be at liberty to approach this Court again. Further, it is expected that the entire due payment shall be settled in an expeditious manner,

preferably within a period of six months from today. It is needless to say that for closure of the FIR, the pre-requisite would be that the entire

outstanding payment shall be settled between the parties, as indicated above.

With the aforesaid observation and direction, the present misc. petition is disposed of.