• Non-cognizable filed against me by a society member

I am the chairman of my society. There is a member whos sister (associate member) has gone in court regarding ownership of a flat. The member had requested for society documents since he needed to produce these documents in court as the associate member has proceeded in court against him. So as I was the chairman i provided him attested copies of the transfer letter provided by the society. Now the members sister (associate member of the flat) filed an Non CognizabLe complaint against me since I provided the documents. What should be my next step of action. My passport renewal is also due at the same police station where the complaint was filed. Will this affect it?
Asked 7 years ago in Civil Law

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5 Answers

1) you are bound to furnish documents sought by member of the society

2) NC filed by associate member would not affect your renewal of passport

3) If FIR is registered against you then it would affect your renewal of passport

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Has the court taken cognizance of the complaint filed against you? What is the criminality imputed to you by her in her case before the magistrate? For a chairman of a society to give under his attestation the transfer letter to a member of the society is not an offence. If the court takes cognizance of the complaint then firstly apply for anticipatory bail and then depending on the allegations made in the criminal complaint you may move the High Court for quashing of FIR.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

if society is registered then its documents became public document (section 74 evidence act) and you as a chairman can give attested copy to any person. you have committed no offence. you should contest on the ground that no offence is made out against you.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. What was the complaint against you and what section of the IPC she has asked to be put against you? How do you know that the complaint filed by her is non - cognizable"

2. Supplying of the title documents to the member of the society is not an offence which will attract any section of IPC.

3. The associate member has lodged the said frivolous complaint to terrorise you to ensure that you refrain from helping her brother any more.

4. No FIR has yet been registered by Police against the said complaint.

5. You can now lodge a police complaint against her u/s211 of IPC for her lodging false police complaint against you to damage you.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

What is the reason that she has mentioned in her complaint/

This cannot hinder the renewal of your passport.

The non-cognizable report with the police is just a precautionary note or step taken by that associate member.

Hence do not worry about it until it is converted into a regular complaint and a FIR is registered on that basis.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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