buttress her submission, she would file an additional typed set of the papers, where, after the death of the father of the fifth accused, namely Narayanasamy, patta No.58 has been issued in respect of the lands in the very same survey number, in favour of the fifth accused herein, which would go to show that both the Trial Court as well as the lower Appellate Court did not even consider this very basic fact about the innocence of the fifth accused. She would further submit that, in this case, there was not even a loss to the society as by G.O.No.70, dated 13.06.2006, these loans have also been waived by the Government of Tamil Nadu and by proceedings, dated 10.02.2014, the list of loans waived by the Government of Tamil Nadu is given by the Cooperative Society itself and this particular loan, obtained by Mr.Mani, is mentioned in serial No.58 as having waived. Therefore, according to her, there is no any criminal conspiracy or fraud played in the matter and there was also no loss to the society. Therefore, the charge itself was based on a report filed under Section 81 of the Co-operative Societies Act which suffers from total non-application of mind and the I.O i.e., P.W.4, without conducting any investigation whatsoever, blindly filed the chargesheet and the Courts below also, without even appreciating this very basic fact, convicted the accused persons.
