This application under Section 482 of the Code of Criminal Procedure, 1973 is filed by the petitioners, who are facing offences punishable under Sections 406, 409, 420, 465, 467, 471, 506(2), 120[B] of the IPC vide M. Cse No.2 of 2012 registered with Amreli Police Station.
2. The allegations levelled against the applicants are about misappropriating fund of the Trust. As per clause 3.4 of the Memorandum of Understanding entered into between the parties, it is clear that the amount of Rs.12,00,000/- spent by one of the applicants on behalf of trust was recouped by one of the signatory by paying him in cash and no entry in the account book is reflected.
3. The contentions raised by the learned counsel for the applicants are in the arena of defence. Hence, this is not the stage when the Court would make an inquiry into the factual position to find out as to whether or not the applicants are guilty of the charges or not. Under the circumstances, this Court would not be justified in staying the investigation or quashing the complaint. Hence, no case is made out to exercise power under Section 482 of the Code to quash the impugned complaint and this application is rejected summarily.
[Anant S. Dave, J.] *pvv Top