THE VSSN MATHIGATTA CO-OPERATIVE SOCIETY Vs. M.L. SHIVALINGAPPA

JUDGEMENT

(1.) I.A.1/2012 is allowed for the reasons stated. Special leave to appeal is granted. There is a delay of 12 days in filing the appeal. The same is condoned for the reasons stated. The respondent is represented. Hence, the appeal itself is considered on merits, having regard to the limited grounds on which the appeal is filed.

(2.) The appeal in its form, is misconceived. In that, the case of the appellant is that he is authorised to represent one V.S.S.N. Mathigatta Co-operative Society Limited, Tumkur. The complaint is on behalf of the Society. It is apparently by inadvertence that the complaint is brought in the personal name of one D.T. Kempaiah who is said to have been authorised to bring the complaint in his capacity as a Co-operative Development Officer of Chikkanayakanahalli on behalf of the Society.

(3.) Secondly, it is noticed that insofar as the complaint was concerned, it was directed against the respondent herein who was said to be the erstwhile Secretary of the said Society. After laying down office on the expiry of his term, it transpires that he has failed to hand over books, securities, cash and other information which was in his custody. It is in this background, that on the basis of an audit report which had brought to light the lapses as aforesaid, the Society had taken a decision to initiate prosecution against the respondent, for violation of Sections 109 and 110 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the KCS Act', for brevity). The Trial Court is said to have taken cognizance of the complaint and on summons being served, the respondent had entered appearance and had raised certain preliminary objections.