Order 4

Order Details: COPY OF ORDER
Pdf Text: Ct No.238/2023
MOHINDER PAL SINGH vs. NARESH KUMAR & ORS. Page No. 1/4
38Ct Cases238/2023
MOHINDER PAL SINGH Vs. NARESH KUMAR & ORS.
(Parliament Street)
18.08.2023
Present: Complainant in person.
Matter is fixed for orders on application under Section
156(3) Cr.P.C. filed on behalf of the complainant.
It is the case of the complainant that he is a resident of
Delhi and is a member of the ‘Delhi State Taxi Operators T/C
Society Ltd.’ having membership No.1832 since 1998-99 and has
been suffering at the hands of the said society due to their atrocities
and acts of extortion perpetrated in collusion with the officials of
the Registrar Co-operative Societies, Delhi (RCS). It is further
alleged that the complainant on 06.01.2023 had made a complaint
to the concerned SHO against accused No.4 & 5 for registration of
FIR against them for misuse/abuse of official position in collusion
with the office bearers of ‘Delhi State Taxi Operators T/C &
Service Society Ltd.’ to manipulate with the records and allow the
said Society to operate illegally and for preparing records/reports
with intent to cause loss and injury to the complainant. He has
further submitted that the said society has been operating with
multiple names i.e. Delhi State Taxi Operators T/C & Service
Society Ltd. and Delhi State Taxi Operators T/C Society Ltd.
having one registration number 1498 dated 20.06.1956. He has
further submitted that the office bearers of the said society in
collusion with the officials of RCS are operating three bank
-- 1 of 4 --
Ct No.238/2023
MOHINDER PAL SINGH vs. NARESH KUMAR & ORS. Page No. 2/4
accounts i.e. Bank of Baroda, Patparganj Branch, Delhi having CA
a/c No. 21290200000084 in the name of Delhi State Taxi Operators
T/C Society Ltd., the Delhi State Coop Bank, Daryaganj Branch,
31, Netaji Subhash Marg, Daryaganj, New Delhi having a/c No.
11023 in the name of Ms/. Delhi State Taxi Coop. T/C Society Ltd.,
the Delhi State Coop Bank, Daryaganj Branch, 31, Netaji Subhash
Marg, Daryaganj, New Delhi having 107 OD in current a/c
No.002107050039 in the name of M/s. Delhi State Taxi Coop. T/C
Society Ltd.’ He has further submitted that the said accounts were
being operated by one Mr. Jassi having mobile No. 9968879944
whereas the said mobile number is registered in the name of one Sh.
Surmukh Singh, who is the driver on the rolls of the said society
drawing salary from the said society. He has further submitted that
in the balance statement dated 02.05.2016, it is apparent that the
same mobile number has been retained but the name of the
operators have been changed and it reflects the names of Gurminder
Singh-Kuldeep Singh-Gulsharan Kaur who are the office bearers.
The change in the name of the operators has been done with an
ulterior motive to defraud the genuine members of the society of
which the complainant is also a member. The complainant has
further submitted that the said society had informed its bank and
furnished documents in lieu of which the bank had issued a
letter/declaration dated 13.04.2004 that the society has certain
shares in the name of Delhi State Taxi Operator Coop T/C Society
Ltd. whereas the complainant has been issued the shares certificate
in the name of Delhi State Taxi Operators T/C & Service Society
-- 2 of 4 --
Ct No.238/2023
MOHINDER PAL SINGH vs. NARESH KUMAR & ORS. Page No. 3/4
Ltd. It is alleged that the society is manipulating its records to
defraud its innocent members and likewise has usurped several
crores rupees from its members. It is further alleged that the society
has garnered deposits worth several crores in the names of certain
members without any proper documentation about its source which
is in violation of the rules and regulations laid down by RBI and
against the norms of the Co-operative movement. Therefore, it is
apparent that the office bearers are hoarding unaccounted black
money in the accounts of certain members with a devious motive to
turn the black money into white. It is further alleged that the society
i.e. Delhi State Taxi Operators T/C & Service Society Ltd. is a
legally non-existing entity as nowhere from the public records its
name reflects. The said society has sought to recover loans from the
complainant which he has never availed and has been harassing him
and has ruined him and his family financially and socially by
stating everywhere that the complainant is a chronic defaulter. The
officials of RCS instead of putting an end to the illegal actions of
the Society have worked hand in glove with the office bearers of
the Society to tarnishing the complainant’s reputation and image in
the Society, thereby causing wrongful loss to the complainant. The
grievance of the complainant is that despite commission of
cognizable offence, police failed to register FIR against the accused
persons.
ATR has been filed in which it is stated that a petition
pertaining to the same matter was filed before the Hon’ble Delhi
High Court and the same was disposed of with the liberty to the
-- 3 of 4 --
Ct No.238/2023
MOHINDER PAL SINGH vs. NARESH KUMAR & ORS. Page No. 4/4
complainant to file a complaint case, as per law.
It has been held in Skipper Beverages Pvt. Ltd. vs.
State 2002 Crl.LJ NOC 333 (Delhi) that where complainant is in
possession of evidence to prove his allegations, then it is not
necessary that FIR should be ordered to be registered. Furthermore,
in Mohd. Salim vs. State in Crl.M.C. No. 3601/09 decided on
10.03.2010 by the Hon'ble Delhi High Court, it was held that FIR
should be ordered to be registered only in cases where police
assistance is required for collecting any evidence or for
investigation. Similar view has been taken by the Hon'ble Delhi
High Court in Subh Karan Luharuka vs. State Crl. M.C. No.
6122-23 of 2005 decided on 09.07.2010.
In the present case, the facts are within the knowledge of
the complainant, identity of accused persons are also known to the
complainant. Furthermore, evidence is not required to be collected
at this stage. Therefore, there appears to be no requirement for any
police investigation in the present case. Further, any inquiry if
required can be made at a later stage under Section 202 Cr.P.C.
Hence, present application under Section 156(3) Cr.P.C. is
dismissed.
Put up for pre-summoning evidence on 28.11.2023.
(ANAMIKA)
MM-06/ND/PHC/New Delhi
18.08.2023
-- 4 of 4 --