By reply dated 07.03.2011, the appellant Society denied the said allegations.
Mulshi, Dist.
1/ towards lease fee for the entire duration of the lease granted.
168 of 2011.
786 of 2011 whereby the High Court dismissed the application for anticipatory bail filed by the appellant herein.
15.04.2008 was executed and registered between the parties and it was agreed number to act upon the two MoUs.
Aggrieved by the inaction of the Trust, the appellant Society also filed two separate suits bearing Special Civil Suit bearing Nos.
Against the said companyplaint, the appellant filed an application bearing No.
It is the stand of the first respondent State and the second respondent Complainant that the present appellant made a forgery in further lease deed dated 07.03.2011 pertaining to the granting of lease for 87 years without the companysent of the Complainant.
It is the companytention of the Complainant that on the basis of the forged document, the appellant asserted his claim over the property.
1146 and 1147 of 2011 before the Civil Court, Pune.
It is also stated that on the same date, the appellant also made a forgery by making additions alterations in the original draft agreement for lease which was prepared at the time of executing the MoU and got it franked.
Aggrieved by the said order, the appellant preferred Criminal Application No.
was companystructed.
Pursuant to the same, negotiations took place and it was offered to lease out the said school building for a period of 87 years and to sell the other property, viz.,
2 Complainant, there is numberneed to traverse the same once again except certain aspects which are essential for the disposal of the present appeal.
Respondent No.
Survey No.
An English Medium School was started in the building in 2005 known as Loyala School.
Against the said order, the appellant has filed this appeal by way of special leave petition.
1 State and Respondent No.
Brief facts The appellant is the Founder President and Managing Trustee of Sinhgad Technical Education Society, Pune in short the Society .
land bearing Survey No.
Respondent No.
The Trust filed an application under Section 41E of the Bombay Public Trust Act, 1950 before the Joint Charity Commissioner, Pune seeking prohibitory orders against the appellant Society.
Based on the negotiations, two separate Memorandum of Understandings MoUs dated 10.05.2008 were signed between the parties.
was companystructed.
The appellant claims to be the founder President and Managing Trustee of the said Society and the Trust had a land bearing Survey No.
3701/2008.
This deed was duly registered with the office of sub Registrar, Mulshi Paud at S.No.
2651 of 2011 before the Court of Additional Sessions Judge, Pune for grant of anticipatory bail.
Respondent No.1 is the State and Chainsukh Sobhachand Gandhi Respondent No.2 herein is the original Complainant and is a Trustee of Pawan Gandhi Charity Trust in short the Trust working for the upliftment of economically and socially impoverished sections of the society.
154/6/1 admeasuring 57 acres on which building in the area of 650 sq.
By order dated 29.08.2011, the Sessions Judge dismissed the said application.
165/1 admeasuring 8500 sq.
On 20.07.2011, respondent No.2 filed a companyplaint with the Deccan Police Station, Pune under Sections 420, 465, 468 and 471 read with Section 34 of the Indian Penal Code, 1860 which was registered as S.No.
This appeal is directed against the final order dated 19.09.2011 passed by the High Court of Judicature at Bombay in Criminal Application No.
2 Complainant.
Sathasivam, J. Leave granted.
By impugned order dated 19.09.2011, the High Court dismissed the said application.
786 of 2011 before the High Court.
2 was running a school on land bearing Survey No.154/6/1 admeasuring 57 acres situated at Ambavet, Tal.
Pune, on which a building in the area of 650 sq.
2 approached the appellant herein for the same.
Both the memorandums were duly numberarized and registered.
On 13.05.2008, in order to realize the object, the Trust leased out the said property to the Society for a period of 2 years and 11 months companymencing from 15.04.2008 and expiring on 09.03.2011 by way of an interim arrangement for an amount of Rs.
Heard Mr. Mukul Rohtagi and Mr. Ranjit Kumar, learned senior companynsel for the appellant and Mr. Chinmoy Khaldkar, learned companynsel for Respondent No.1 State and Mr. Prashant Bhushan, learned companynsel for Respondent No.
Inasmuch as the Additional Sessions Judge, Pune in the order dated 29.08.2011 and the High Court in the impugned order dated 19.09.2011 adverted to all the factual details relating to the appellant accused and the Respondent No.
The Society is engaged in imparting formal and informal education by establishing various schools, companyleges and institutions in the State of Maharashtra.
On 19.02.2011, the appellant Society received a legal numberice to remove the dead stock and articles kept in the school within 4 days and further to vacate the school and to handover the possession in favour of the Trust alleging breach of the clauses mentioned in lease deed dated 13.05.2008.
In March, 2008, it was offered to lease out the said school building for a period of 87 years and also to sell other property of the Trust to the Society.
In the year 2008, it was decided to run the School with the help of other educational institutions by leasing out the property.
On the expiry of the lease period i.e. on 09.03.2011, the Society was to handover the possession of the said building and the land to the Trust.
The appellant herein has also shown interest in acquiring lease hold rights in order to run school activities in the said property.
