GURUPAD RAMACHANDRA NANDANI Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this petition, the petitioner has challenged the correctness and legality of the common order passed by the Judicial Magistrate First Class, Athni, on 22-8-1970 in Crl. C. Nos. 10 to 13 of 1970, on his file. The facts giving rise to this petition may be briefly narrated as follows: The petitioner is an accountant in a Society called Malawad Lift Irrigation Co-operative Society Limited (hereinafter referred to in the course of this order as 'the society'). On 28-8-1969 the Assistant District Co-operative Officer (Lift Irrigation), Belgaum, sent information in writing to Kegwad Police that this petitioner had committed offences of Criminal breach of trust and falsification of accounts in the course of the discharge of his duties as accountant of the society and investigation may be undertaken. Ultimately, after investigation, the said criminal cases were instituted by the police in the Court of the Judicial Magistrate First Class, Athni, against this petitioner.

(2.) In Crl.C.Nos.10 and 12 of 1970 the petitioner was charged by the learned Magistrate for having committed offences punishable under Ss. 408 and 477 IPC, In Crl.C.NOs.11 and 13 of 1970 he was charged for having committed an offence punishable under S. 408 IPC. Before the learned Magistrate proceeded with the trial of these cases, the petitioner filed applications contending that the prosecution against him is bad in law inasmuch as there was no sanction to prosecute him as provided in S.111(2) of the Mysore Co-operative Societies Act, 1959. The learned Magistrate disposed of the said application in the said four criminal cases by a common order which is now challenged.

(3.) At the outset, it must be stated that apart from the one contention put forward by the learned Counsel for the petitioner Mr.T. J.Chouta, and which will be dealt with separately, the rest of the available contentions are covered by a decision of this Court reported in Taluk Industrial Co-operative Society Ltd. v. Patel C.M.Thimmegowda, (1965) 1 Mys.L.J. 98. It is laid down in that decision that S.111(2) of the Mysore Co-operative Societies Act, 1959, deals with prosecution for the offences only falling under the Act, and what are the offences falling under the Act are stated in S. 109 of the Act and hence Sec.111(2) of the Act does not extend to offences punishable under other laws. In the said case, three criminal cases had been instituted against Patel C.M. Thimmegowda for having committed offences punishable under Ss. 409 and 477/A IPC. and while considering these facts this Court laid down the law as mentioned above.