• Charges paid from Hsg Scty funds for criminal case on 3 members

Secretary built illegal terrace shed .Got notice from Muncipal authorities in response to my complaint. Later Muncipal authorities demolished the structure. I got evidence papers under RTI. He instigated few members. Two members threatened me. I complained to police stn. And on the basis of NC & other supporting documents filed criminal complaint in the Court of Law. The legal expenses spent has been paid from society funds. Shown in the Audited Balance Sheet. In what way I can sue the Auditor, Accountant & All the Office bearers who directly or indirectly involved in this embezlement. Please suggest.
Asked 7 years ago in Criminal Law
Religion: Christian

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2 Answers

Was any resolution passed in managing committee for payment of legal expenses out of society funds

2) secretarty cannot use society funds for payment of his personal expenses

3) file complaint against secretary , office bearers for criminal breach of trust , cheating under section 406 , 420 of IPC

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

The auditor cannot be sued for embezzlement because he is acting on the instructions of the secretary and president of the society.

The society's funds cannot be utilised for litigation expenses in respect of personal court cases of an individual even if he is a secretary of the association.

You may call for a special meeting of the society and place this mater in the agenda, discuss the action to be taken on the secretary for this misappropriation of public funds and pass resolution accordingly for recovering the amount from him and also for initiating further legal action on this.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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