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4. Learned advocate for the applicants has submitted that, the applicants and original complainant are working in the same NGO namely, "Aga Khan Rural Support Program"

which is a Non-Government Organization and which is recognized by the Government of Gujarat. It is further submitted that the said NGO undertakes specific project in the tribal belts in District Bharuch, Narmada and Surat and the applicant Mr. Apoorva Oza (Special Civil Application No.15861 of 2013) is the CEO of the said NGO. As the CEO, he had taken a disciplinary action against the respondent No.2 and thereby issued a show cause notice. To escape from the said administrative proceedings, the respondent No.2 has filed complaints in connivance with one Mr. Hansraj Gurjar; as both the complainant and Mr. Hansraj Gurjar have embezzled funds allocated for the tribal and were involved in financial irregularities which were against NEUTRAL CITATION R/CR.MA/15861/2013 JUDGMENT DATED: 07/07/2023 undefined the object of the NGO. The attention of the Regional Manager was drawn and administrative action was also taken against the respondent No.2 in this regard and before lodging of the complaint, attention of the higher authority, including the DSP, Bharuch was drawn disclosing the fact about the behavior and misconduct on the part of respondent No.2.

4.1 Further, learned advocate has submitted that subsequently, pursuant to the show cause notice dated 31 st August 2013, administrative action taken and suspension order came to be passed, as Mr. Hansraj Gurjar and the complainant both had withdrawn an amount Rs.63,000/- of NGO, the present complainant had filed an application dated 30th August 2013 against the present applicants only with a view to avoid administrative action and legal consequences thereof. It is further submitted that the allegations made in the complaint relate to incident of 11 th May 2013, whereas the complaints have been filed belatedly with a delay of about three months. Even no offence is made NEUTRAL CITATION R/CR.MA/15861/2013 JUDGMENT DATED: 07/07/2023 undefined out under Section 354 of the IPC and even the respondent No.2 herself is a headstrong personality and against her conduct, few lady members of the Mahila Manch of Dediapada had also given a written complaint in the local Police Station. The present complaint is an afterthought, not connected with any of the incident and is filed based on false and fabricated evidence.

6. Having heard the learned advocates for the respective parties and having gone through the evidence available on record, it is an admitted and undisputed fact that the respondent No.2- complainant is working in the Aga Khan Trust, which is an NGO registered under Section 25 of the Companies Act, 1956, while the present applicants are responsible officials working as the CEO and Regional Manager of NGO and the NGO is recognized by the Government through its Rural and Tribal Development Department and it works in the field of rural and agricultural development. The NGO is having a specific project in the tribal belts.

NEUTRAL CITATION R/CR.MA/15861/2013 JUDGMENT DATED: 07/07/2023 undefined

8. Further, going through the material produced on record, it appears that the accused had issued a show cause notice on suspended on 31st August, 2013, wherein the accused has mentioned about the incident of 21 st August 2013. Further, it is stated that in collusion with one headstrong person Hansraj, who is cited as witness, the complainant had used abusive language and threatened the officials of NGO, which is one of the casue along with six other causes are mentioned and explanation of the complainant sought for. In the said notice the name of Mr.Hansraj Gurjar has also been mentioned as adviser of the complainant and further as she wanted to carry out activity for the help of Mahila Morcha Dedipada with the help of adviser from HSG Member, though without consent of Mahila Morcha and Institution appointed Mr.Hansraj as adviser against that institute has raised an objection who is cited as witness of incident. A bank statement is produced on record, wherein the withdrawal of amount from NGO's account which depicts the name of Mr. Hansraj Gurjar and one Mr. Dineshbhai Vasava. Thereafter, one written NEUTRAL CITATION R/CR.MA/15861/2013 JUDGMENT DATED: 07/07/2023 undefined complaint came to be filed on 29 th August 2013. The minutes of the meeting dated 11th May 2013 is produced at Annexure-H, which also reflects about the presence of complainant and other six employee in the meeting. One complaint was also filed on 5th September 2013 by the Mahila Manch against the present complainant- respondent No.2 drawing attention towards the financial irregularities and about her conduct. Thereafter, another complaint came to be filed on 27th September, 2013 against the Regional Manager and one Mr. Prabhakarsinh Zala, who are the applicants in the Criminal Misc. Application No.17116 of 2013 wherein, it is alleged that both the accused have insulted her and asked her as to why she came along with Mr. Hansraj Gurjar and action made of embezzlement.