ABHAY SHANTILAL JAIN Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Abhay Shantilal Jain
STATE OF MAHARASHTRA
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K.K.SONAWANE, J. -
(1.) Rule. Rule made returnable forthwith. The matter is taken up for final hearing with the consent of parties.
(2.) These applications are filed for seeking relief to quash and set aside criminal proceedings initiated against the applications by exercising inherent jurisdiction recognized under Section 482 of the Cr.P.C. Both the applications pertain to identical relief based on similar facts and circumstances as well as allegations similar in nature made in the FIR, bearing Crime No. 102 of 2016, registered against the respective applicants at Police Station, Jamner, District Jalgaon, for the offence punishable under sections 420,406, 408, 409, 120-B, r/w. 34 of IPC. Therefore, we prefer to hear and adjudicate the matter in issue of both the applications by this common judicial pronouncement.
(3.) Facts which led to the prosecution of applicants culled out in brief, are as under :- That, on 29.7.2016, the first informant - Shri Deepak Anant Atrawalkar, a Government Auditor of the Cooperation Department of State of Maharashtra, filed the report at Police Station, Jamner, District Jalgaon and alleged that he had conducted the audit of accounts of an Urban Cooperative Credit Society known as, "Suresh Dada Jain Nagri Sahakari Patsanstha Ltd", Jamner, District Jalgaon for the year 2015-16. After the audit, he forwarded the report to the superior i.e. District Deputy Registrar, Cooperative Societies, Jalgaon (hereinafter referred to as, "the DDR" for sake of brevity). On receipt of report, from the concerned Government Auditor, the DDR, Cooperative Societies, Jalgaon referred the matter to the District Level Scrutiny Committee and accordingly the Audit Report was dealt with by the Scrutiny Committee, wherein it was found that there were several mis-deeds committed by the Directors, employees and borrowers of the concerned credit society in connivance with each other and duped/defrauded the credit society,its members and depositors. It has been alleged that huge loans were disbursed to the relatives of the office bearers as well as their kiths and kins and friends without obtaining proper security and without following regular norms. The Directors and employees of the Credit Society as well as borrowers hatched a conspiracy and misappropriated the funds of the depositors kept in the custody of Credit Society. The loans were sanctioned contrary to the bye-laws prescribed for loan proposals of the society. In view of the financial misdeeds and irregularities the concerned DDR, Cooperative Societies, Jalgaon bade the first informant - Mr. Deepak Atrawalkar, a Government Auditor to lodge the report to the police of Jamner Police Station, for penal action against the miscreants. Accordingly, First Information Report No. 102 of 2016 came to be lodged in Police Station, Jamner, District Jalgaon, for the offence under Sections 420,406, 408, 409, 120-B, r/w. 34 of IPC and set the criminal law in motion. The impugned FIR is the subject matter of present applications for exercising inherent powers under Section 482 of Cr.P.C. by this court.;
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