reports prepared by the parties under Section 88 of the Maharashtra Co-operative Societies Act, 1960 (‘Societies Act’ for short), the liability is only upon accused no.1, no liability is fastened upon the present petitioner. He further submits that there is no amount transferred in the account of this petitioner. So far as considering the report under Section 88 of the Societies Act, he relied upon a judgment by the Division Bench of this Court at Nagpur in Criminal Application No.613/2012. Wherein the Division Bench was pleased to allow the application by considering the documents on record. It was a case where the applicant was working as a Clerk for a period of 01.04.2006 to 18.07.2006. In that case, no specific role was attributed to the applicant in the FIR. Even in the enquiry conducted by the Competent Officer under Section 88 of the Societies Act, no incriminating material was found against the applicant. In that case, the FIR was mainly against the Directors, Manager and Members of the Staff of the said Society. The allegation was that huge amount was disbursed to the Creditors of the said Bank without taking adequate security. Further allegation was that the Directors and the Manager of the said Bank had not taken any steps for recovery of the said amount, which caused a
