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Cheating, criminal breach of trust and misappropriation of funds . .

(Querist) 28 May 2012 This query is : Resolved 
My friend has a ration shop in building. It is a co-operative housing society at Worli, Mumbai. My friend is not member of the said Society. My friend already had his shop in the old structure over a land and on redevelopment of the said structure by a private Developer, he was allotted shop in lieu of shop by that Developer.

There were some property tax arrears payable by my friend towards Municipal Corporation of Greater Mumbai. He paid 50% directly to MCGM.

The said Society asked him to pay the rest 50% amount thru it and in lieu of which, it offered to my friend to offer its membership.

Accordingly, in trust, my friend paid that 50% amount to the said Society to pay to MCGM on account of balance revenue arrears for his shop and took the receipt thereof from it, but the Society neither paid the said amount to MCGM nor it adopted him as its Member, as promised.

The said Society also separately owed about Rs.12 lacs on account of property tax arrears towards MCGM, which the said Society not having paid, MCGM served a Notice of Attachment to it. My friend has no relation whatsoever with the said issue, as he is not the member of the said Society at all.

Just to kill the time, the said Society filed a Civil Writ Petition in Hon'ble Bombay High Court against MCGM, wherein Hon'ble High Court passed interim order directing the said Society to deposit Rs.5 lacs, which the said Society deposited.

But, in the said Writ Petition, the Society unnecessarily made my friend as one of the Respondents, for the unknown reasons. My friend filed an Affidavit in Hon'ble High Court disclosing the aforesaid real facts.

The matter is on and is of civil nature.

Now, my friend, on knowledge of having been cheated by the Society, filed a detailed criminal complaint with Worli Police Station, Mumbai along with all the documents. Police called the Society office bearers but did not take any action in the said matter nor registered any cognizable offence in his said complaint nor tendered any reply to him, orally forwarding an excuse of the matter having been pending in Hon'ble Bombay High Court.

According to me, the said pending matter in Hon'ble Bombay High Court is of civil nature while on the other hand, the said complaint by my friend to Worli Police Station is purely of criminal nature, with accusations of willful cheating, criminal breach of trust and misappropriation of funds.

My friend also wrote to Ld Commissioner of Police, Mumbai to direct Worli Police Station u/s 154(3) of Cr.P.C. to register a cognizable offence in his criminal complaint to Worli Police Station. But, there is no reply from the Ld Police Commissioner either.

Who's viewpoint is right? mine or police's?

If I am right, then, in the said circumstances, my friend will have to file a private complaint with the Hon'ble Metropolitan Magistrate to seek his directions u/s 156(3) of Cr.P.C. or u/s 202 of Cr.P.C.

Kindly, guide.


- Prashant Bhat.
e-Mail : prashantexpress@yahoo.com

ajay sethi (Expert) 28 May 2012
yes you are right . you will have to file complaint under sectio 156(3) of CR PC to direct cops to investigate the matter
ajay sethi (Expert) 28 May 2012
yes you are right . you will have to file complaint under sectio 156(3) of CR PC to direct cops to investigate the matter
Adv.R.P.Chugh (Expert) 28 May 2012
Dear Prashant,

The Pendency does not in any manner, If the society has misappropriated the amounts - it is criminal breach of trust out and out, as well as cheating, 156(3) should do the trick.
R.K Nanda (Expert) 28 May 2012
Agree with experts.
Sudhir Kumar, Advocate (Expert) 28 May 2012
If police has not taken action your friend can file wrti mandamus in High Court.
Rajeev Kumar (Expert) 28 May 2012
Agree with our ld. experts.
Shonee Kapoor (Expert) 29 May 2012
Nothing left to be added.


Shonee Kapoor

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