KADAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the Respondent -State. Perused the records.

(2.) The petitioner is arraigned as accused No.32 in Cr.No.307/2019 of respondent-Kamakshipalya Police Station, Bengaluru, for the offence punishable under Sections 406 and 420 of IPC and Section 109 of Karnataka Co-operative Societies Act, 1959.

(3.) It is the case of the prosecution that, the complainant by name Sri. Malathesha Guddappa Mudenoora son of Guddppa, lodged a complaint before the respondent-Police Station against the Hemagiri Multi Purpose Co-operative Society Limited Kamakshipalya, Bangalore ('Society', for short), stating that the complainant referred order No.RCS/OTS-1/102/2018-19 dated 28.05.2019 passed by the Additional Registrar of Co-operative Societies, office of the Registrar of Co- operative Societies, Bangalore and the Factual Report No.ARB-1/ Section 64/CR.2/2018-19 dated 28.06.2019 and order No.RCS/OTS-1/102/2018-19 dated 01.07.2019 passed by the Additional Registrar of Co- operative Societies, office of the Registrar of Co- operative Societies, Bangalore, issuing directions to file a criminal case against the President, the Directors and the Chief Executive Officers of the said Society. It is further alleged that, the complaints have been received from the depositors for non-refund of deposits by the said society. The Deputy Director, Range-I, Bangalore Urban District, has furnished a factual report stating that, the members of the said Society have filed a complaint stating that, they invested money in the Society under various Schemes like Pigmies, RD, FD on various dates and the society has not returned the deposits even after maturity. Further, it is also alleged that, audit of the accounts of the society has not been done for the years 2014-15 to 2018-19. It is further alleged that the Chief Executive Officer, the Chief Administrator of the Society, the Managing Committee and the Board of Directors are responsible to comply with Rules and Regulations of the Karnataka Co- operative Societies Act, 1959 ('Act', for short) and by not complying with the said Rules and Regulations, the accused persons have cheated the depositors and public at large.