- (1.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused No.1 seeks to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.12314 of 2008 pending in the Court of the 2nd Additional Senior Civil Judge and Judicial Magistrate First Class, Gandhinagar, arising from a First Information Report bearing I­C.R. No.44 of 2006 registered at the Pethapur Police Station, District: Gandhinagar for the offence punishable under Sections 406, 420 and 409 of the Indian Penal Code.
(2.) The case of the prosecution may be summarized as under: 2.1 The respondent No.2 - original first informant lodged a First Information Report with the Pethapur Police Station, District: Gandhinagar, inter alia stating that he is one of the members of the Gandhinagar New Staff Cooperative Society Limited situated at village: Sargasan. He has further stated that the State Government, in its Revenue Department, vide resolution dated 10th October, 2003 decided to allot plots admeasuring 90 sq. mtrs. to the government servants. Sixty members of the society referred to above were allotted the said plots. The employees of Class - III and IV were allotted such plots. The respondent No.2 is serving with the subordinate judiciary. The accused herein was serving as a Stenographer in the District Court at Ahmedabad (Rural) since 1994. He was the President of the Gujarat Staff Judicial P.A. and P.S. Association in the year 2004. After the allotment of plots to the members of the society, the Collector, Gandhinagar issued a letter dated 30th July, 2002 and asked the society to deposit the price of the land as fixed. The society collected an amount of Rs.11,63,000/­ from the members to be paid to the government. The said amount was deposited by challan through the Talati­cum­Mantri of the Sargasan Gram Panchayat. 2.2 Thereafter, the society passed a resolution dated 13th August, 2002, wherein the members were asked to give their consent, if they so desired, for the construction of the houses. An approximate price of construction was fixed at Rs.3,00,000/­. All the members of the society including the first informant agreed to obtain loan from a nationalized Bank. The members of the society decided to individually apply for loan from the Bank of Baroda, Pethapur Branch. The Collector, Gandhinagar passed a resolution dated 8th October, 2002 sanctioning the allotment of the land bearing survey No.30 situated at the village: Sargasan, District: Gandhinagar in favour of the society. 2.3 The society thereafter made sub­plotting and allotted the land to its members. The society also issued share certificates to its members. The Title Clearance Certificate was obtained by each of the members of the society from the panel advocate of the Bank. A private contractor was assigned the work of construction of the residential houses. 2.4 It is the case of the first informant that the accused herein, in collusion with the other co­accused, obtained signatures on blank cheques, and after filling up those cheques, handed it over to the Bank, and the Bank, in turn, handed it over to the contractor who was assigned the contract to carry out the construction. It is alleged that the entire amount of loan, which was sanctioned in favour of the first informant, was withdrawn from the Bank, and neither the society took any step to see that the construction is completed nor the contractor acted in accordance with the terms of the contract. Even as on today, the construction has not been completed so far as the first informant and four others are concerned. The first informant has alleged serious illegalities and irregularities at the end of the office bearers of the society which includes the petitioner herein, and has alleged misappropriation of a huge amount. 2.5 It appears that the investigation resulted in filing of a "C" summary report before the learned J.M.F.C., Gandhinagar. The "C" summary report filed by the Investigating Officer was not accepted and the Court ordered further investigation. The further investigation ultimately culminated in filing of the chargesheet against the petitioner herein as well as the other co­accused. The filing of the chargesheet culminated in the Criminal Case No.12314 of 2008, which is pending as on date, in the Court of the learned J.M.F.C., Gandhinagar.
(3.) Mr. Thakkar, the learned senior advocate appearing for the petitioner submitted that thirty two members including the first informant had given their consent to allot the work of construction to a private contractor as they had individually obtained loan of Rs.2,10,000/­. He submitted that as agreed, each member had issued an account payee cheque to the Bank at the time of obtaining loan. He submitted that the contractor submitted its progress report of the first installment of Rs.44,000/­ for each of the plot i.e. for carrying out construction upto the plinth level of the house. He submitted that the Bank, after proper verification of the work undertaken by the contractor, made payment to him through the Demand Drafts. Mr. Thakkar laid much stress that the amount was being paid by the Bank to the contractor.;