vikas (advocate) 10 October 2019

Misappropriation of funds

1 Society filed case under section 101 Of Maharashtra co operative societies act against member for recovery of repair funds. 2 Member defend on misappropriation of funds and charging huge excessive Amt beyond the contract given. 3 Society manage to get order in its favour for recovery under section 101. 4 Member files petition in high court for stay order . Also to appeal member have to pay first 50 percent of amount . 5 Matter still not on board. 6 Can a member file a complaint under section 156(3) of crpc in police station on its own . Or doest it need approval of registrar.

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 10 October 2019

1. WP can be filed in HC u/ 226, 227, without paying 50%.

2. You can also file RA u/s 154 MCS Act, and adjudicate it property with documentary evidences. Majority of the 101 recovery orders are set aside on technical grounds.

3. IF you have documentary evidence & witnesses, on the financial fraud /misappropriations, THEN firstly file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.

4. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

5. In Criminal cases, approval /sanction /permission is NOT required from anybody including any authority.

Keep Smiling .... Hemant Agarwal
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