(1.) THE Judgment of the court was delivered by
(2.) THE Nagpur District Land Development Bank Ltd. is registered as a society under the Maharashtra Co-operative Societies Act, 1960. One Narayan Tanbaji Murkute applied for membership of the bank as a "nonborrowing member". At a meeting of the bank held on 30/06/1964, the application of Murkute and 94 others were granted and they were enrolled as members. But in the list of members entitled to take part in the General Meeting, dated 30/06/1964, the names of the Murkute and others were not included.
(3.) . The two accused raised an objection that the Magistrate had no jurisdiction to take cognizance of the complaint without the previous sanction of the Registrar of Go-operative Societies under Section 148(3) of the Maharashtra Co-operative Societies Act, 1960. The Trial Magistrate rejected the contention. The order was confirmed by the court of Session and the High court of Bombay.