STATE OF KARNATAKA Vs. MARIGOUDA

JUDGEMENT

(1.) THIS matter has come up before us on a reference made by a Division Bench vide order dated 3. 8. 29:43 PM 11/20/04004. As directed by the Hon'ble Chief Justice on 23. 8. 2004, the matter has been posted today.

(2.) IT is alleged that some amount was received by the respondent/accused Marigouda, but the same was not credited to the Society and was misappropriated by him. In C. C. No. 625/1986, vide order dated 13. 10. 1998, the respondent was convicted and sentenced to undergo R. I for one year and to pay a fine of Rs. 2, 000/ in case of default to undergo S. I. for six months. The said order was set aside by the learned II Addl. Sessions Judge, Dharwad, vide order dated 03. 03. 2003 passed in Cri. A. No. 99/ 1998 for want of sanction. The State has filed this appeal against the said order.

(3.) WHEN the matter came up before the learned Single Judge, by order dated 06. 04. 2004, the matter was referred to the Division Bench for considering the question as to whether the sanction under Section 111 of the Karnataka Cooperative Societies Act ( for short, the 'act') is required to prosecute the accused for the offence punishable under Section 408 IPC in view of the conflicting decisions of the two Division Benches of this Court in STATE BY PSI (I and O), athani Police Station v. Pundalik Annappa Garage 2002 (4) KLJ 409, decided on 24. 1. 2002 and in State Of Mysore v. Mallaiah 1974 (2) KLJ S. N. Item No. 245 page 66, decided on 5. 4. 1974. The matter was placed before the Division Bench on 03. 08. 2004. The Division Bench felt that in view of the findings given by the co-ordinate Benches, the matter should be placed before a larger Bench in view of the Full Bench decision of this Court in B. Haleshappa v. State Of karnataka and Ors. ILR 2002 KAR 4306 and accordingly, the matter is placed before this Full bench as stated.