In criminal writ petitions for quashing an FIR and charge sheet regarding alleged misappropriation of funds by directors of a cooperative credit society, the Court held that the triable case was made out from recorded statements of borrowers.
Petitions for quashing of FIR and charge sheet dismissed as triable case was made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 crwp 1152.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1152 OF 2015
Seema Narendra Bendale .. Petitioner Versus
The State of Maharashtra and another .. Respondents
WITH CRIMINAL WRIT PETITION NO. 1153 OF 2015
Jagdish Waman Shirsath .. Petitioner
Versus
The State of Maharashtra and another .. Respondents
WITH CRIMINAL WRIT PETITION NO. 1154 OF 2015
Milind Dayaram Waykole .. Petitioner
Versus
The State of Maharashtra and another .. Respondents
Shri Badrinath A. Chavan, Advocate for the Petitioner in all matters.
Shri S. G. Karlekar, A.P.P. for the Respondent No. 1 in all matters.
CORAM : S. V. GANGAPURWALA
V. K. JADHAV, JJ.
DATE : 18TH DECEMBER, 2015.
2 crwp 1152.15
PER COURT :
. These writ petitions are filed for quashing the F.I.R. bearing Crime No. 53/2008 and the charge sheet dated 10.08.2009 filed by the Investigating Officer before the Judicial Magistrate First Class, Raver, for the offences punishable U/Sec. 420, 406, 408, 409, 120 (B) of the Indian Penal Code and Section 70 (d), 73 (1-AB) of the Maharashtra Co-operative Societies Act, 1960 and the Rules F-1(16), (4), (13) the Societies by-laws. The present petitioners were the directors of the Tapi Urban Cooperative Credit Society. The total misappropriation is alleged to the tune of Rs. 20 and odd crores. The same is under 5 different heads. Such as giving loans to the relatives of the Directors, giving the loans without sufficient security, depositing the amount in loss making patsansthas etc.
3 crwp 1152.15
it will not be possible to accept the contention of the learned counsel for petitioners for quashing the complaint or to look into the procedure. Any observations at this stage would prejudicially affect the party as such, we are not making any observations in detail. Suffice it to state that by going through the statements recorded of the various borrowers and the other persons, the triable case is made out and the charge sheet cannot be quashed.
costs.
[ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ]
bsb/Dec. 15
2 issues framed by the court
Whether the charge sheet in a cooperative society money misappropriation case involving alleged issuance of loans to relatives without security can be quashed.
Whether the triable case is made out based on recorded statements of borrowers.
2 provisions across 2 enactments
Seema Narendra Bendale
Jagdish Waman Shirsath
Milind Dayaram Waykole
The State of Maharashtra
Another
S. V. Gangapurwala
V. K. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
