N.S. NANJA REDDY, EX-MANAGING DIRECTOR, FRUITS GROWERS MARKETING AND PROCESSING CO-OPERATIVE SOCIETIES LIMITED Vs. STATE OF KARNATAKA BY CO-OPERATIVE EXTENSIVE OFFICER

JUDGEMENT

(1.) THERE are concurrent findings of the Courts below that petitioner (accused) has committed an offence punishable under Section 109(9) of the Karnataka Co -operative Societies Act, 1959 ('the Act' for short). The law is fairly well settled that this Court while exercising revisional jurisdiction, does not sit as a Court of Second Appeal. This Court can interfere with the impugned judgment if it is demonstrated that the Courts below have committed glaring errors in appreciation of evidence or errors of law resulting manifest injustice to petitioner.

(2.) THE petitioner was the Managing Director of District Fruits Growers' Marketing and Processing Cooperative Society Limited, Srinivasapura. As the affairs of the Society were not being properly managed, so also the accounts, the Society was superseded on 09.08.1996 and a special Officer was appointed. In the circumstances, petitioner was expected to hand over the charge and documents in his possession to the special officer. But petitioner has failed to do so. The matter was brought to notice of the Joint Director of Co -operative Societies who caused notice to petitioner on 10.03.1997 and 25.03.1998. There was no response from petitioner. Ultimately on 24.07.1998, the Joint Director ordered to lodge a complaint against petitioner under Section 109(3) of the Act.

(3.) I have heard Sri R.V. Shivananda Reddy, the learned counsel for petitioner and Sri Vijayakumar Majage, the learned Government Advocate.