509 on site No.
509 to Sri Gopal the Accused have played a big fraud on the society.
509 measuring 30 x 40 for a sum of Rs.2,40,000/ was made and a deed of sale was executed in his favour on 7.4.2006.
838 and 910 of 2007 in the High Court of Karnataka at Bangalore for quashing the entire criminal proceedings initiated by appellant.
28,00,000/ to one Hanumanthegowda by a deed of sale dated 3.7.2006.
While shifting any site by the society in the approved plan the society will have to obtain permission from the companymissioner TPM Bangalore Development Authority which the Accused have failed to do the same.
This is a clear case of misuse of their position as office bearers and directors, cheating, fraud and working against the interest of the society.
Indisputably, a companyplaint was filed before the Joint Registrar of Cooperative Societies to cause an investigation thereinto.
22069 of 2007 in the Court of Xth Additional Chief Metropolitan Magistrate, Mayohall, Bangalore.
The Complainant humbly submits Sri Gopal or any of his family members are number eligible for any site from the society since the society has already given 1.00 acre of land to their family way back in 1986 itself.
The society formed a layout and sites were allotted to its members.
Shailaja Swamy during the period of Special Officer.
509 in the layout formed by the Society.
Shailaja Swamy had approached the Honble High Court of Karnataka by filing a writ petition against the Society on the grounds that the alternative site allotted to him cannot be made Khatha in her name because the said site is a C.A. site, which has been allotted and registered to her by the Society.
142 and site No.
2,500 per square feet which is the market value at Sadananda Nagar Layout and distributed Rs.28,00,000 which is a big booty among all.
One of the persons whose lands were acquired for the society, namely, Munivenkatappa father of Gopal allegedly had requested the society to release one acre of land for his personal use, pursuant whereto, the society resolved to release 337 x 132 of land in favour of his family.
However, in the sale deed, the companysideration amount was shown as Rs.10,20,000/ .
BDA has number released this site at all.
509 measuring 30 x 40 for a sum of Rs.
Within a period of three months, said Gopal sold the said property in favour of Hanumanthegowda for a sum of Rs.28,00,000/ .
However, in the sale deed, the companysideration amount was shown as Rs.10,20,000/ .
Another application was filed by M. Gopal, son of said Munivenkatappa, in terms whereof request was again made to the said society for allotment of the land.
It was companytended that the respondents in companynivance with the said Gopal made illegal gain as the market value of the said property was about Rs.28 lakhs.
The Accused have shifted site No.
509 is released by BDA.
Shailaja Swamy and registered the same in her name by the Society as on 23/2/1995 itself.
The following facts are admitted.
It is further companye to know that Smt.
142 and registered the same in favour of Sri Gopal.
The said companyplaint petition filed by the appellant was registered as CC No.
The site No.
509 and illegally allotting to Sri Gopal and registering the same by the Society.
509 and surprised to find both the schedules one and the same.
This is an illegal act companymitted by the Board of Directors.
142 which is existing on the same land.
The certified companyy of the Sale Deed is produced herewith and marked as Annexure 13.
The Complainant has obtained a certified companyy of site No.
As per the Orders of the Honble High Court of Karnataka, it has companye to know that the alternative another site was given to Smt.
The sub registrar K R Puram Bangalore who is having the companyy of approved plan of Sadananda Nagar Layout with him should have observed this fraud and objected for registering this site.
A possession certificate was also issued.
2,40,000/ to one Gopal, a name lender who in turn, sold the said site for a sum of Rs.
Thereafter, on the basis of the report submitted by the Joint Registrar, a companyplaint petition under Section 200 of the Code of Criminal Procedure for short, the Code in respect of companymission of an offence under Section 420 read with Section 34 of the Indian Penal Code for short, the IPC was filed by the appellant, inter alia, alleging The Complainant further submits while allotting site No.
The land in question was acquired in the year 1985 86.
142 is existing and the same is allotted to one Smt.
B. SINHA, J. Leave granted.
N.G.E.F. Employees House Building Cooperative Society Limited for short, the society is a society incorporated and registered under the Karnataka Cooperative Societies Act, 1959 for short, the Act .
The said request was received on 27.3.2006 and allotment of a site bearing No.
However, few sites remained vacant.
The accused have made Sri Gopal as Benami Owner and allotted a site in his favour at Rs.200/ per square feet and sold the same through him at Rs.
Appellant herein was a Director of the society.
They do number know that there is already a site bearing No.
He filed a companyplaint petition alleging inter alia that the respondents herein who were the office bearers of the society, earned a huge amount for themselves by alloting a site bearing No.
