ASISH BARAN MUKHERJEE, J. - (1.) THIS application under section 482 Criminal Procedure Code has been filed with a view to quash G.R. Case No. 1061 of 1995 pending before the Chief Judicial Magistrate, Midnapore for an alleged offence under section 406/420/465 of the Indian Penal Code.
(2.) THE case of the petitioner is that on 12th of December, 1995 the opposite party No. 1 lodged a complaint in the court of Chief Judicial Magistrate at Midnapore against the accused petitioner and four others alleging that he was a member of Hatiari Samabay Krishi Unnayan Samity and the accused petitioner being the Ex -Secretary of the Society and on Subimal Maity being the Manager of the Society and made collusion and granted a loan of Rs. 8,000/ - in favour of Netaji Tantubay Samabay Samity at Hatiari which is a Primary Co -operative Society on 18.1.84 without prior permission of the Assistant Registrar of Co - operative Society. On 20th April, 1995 the said Tantubay Samity is alleged to have repaid the loan with interest of Rs. 600/ - in favour of Hatiari Samabay Krishi Unnyan Samity. It is alleged that these two transactions are absolutely false and got up and that they misused the money for personal reasons and thereafter fabricated the Accounts Book accordingly.
(3.) ON the basis of the said complaint which was forwarded under section 156(3) of the Criminal Procedure Code, Contai Police Station Case No. 303 of 1995 dated 23rd December 1995 was started against the accused and others. The petitioner was also arrested on 9th of February, 1996 and after initial refusal of bail he was ultimately granted bail by this Court. The contention of the petitioner is that he is not in any way connected with the alleged offence. It is his specific case that the alleged date of occurrence is between 1.7.83 and 30.6.84 but the complaint was lodged after an expiry of more than 10 years, that the complainant was not authorised by the Society under the provisions of Co -operative Societies Act to lodge the complaint. It is further alleged that the loan which was granted by virtue of a resolution of the Society on 15th of September, 1983 was subsequently repaid with interest. The petitioner took the charge as Secretary of the Society on 24th of June 1986 and as such he could not have any connection with the granting of loan. The society was audited by the Auditor and appeared from the Audit Report that the dispute had already been decided by the Board of Directors.;