MR DODDAIAH 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.9 in Cr.No.307/2019 of Kamakshipalya police station, Bengaluru for the offence punishable under Sections 406 and 420 of IPC and Section 109 of Karnataka Co-operative Society 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 ('Society', for short), kamakshipalya, Bangalore stating that the complainant referred order No.RCS/OTS-1/102/2018-19 dated 28.05.2019 passed by the Additional Registrar of Co- operatives Societies, office of the Registrar of Co-operative Societies, Bangalore 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 by the Additional Registrar of Co-operative Societies, office of the Registrar of Co-operative Societies, Bangalore has issued directions to file a criminal case against the president, the directors and the chief executive officers of Society. It is further alleged that the complainants have been received from the depositors of non-refund of deposits by the said society. The Deputy Director, I Range, Bangalore Urban District has furnished a factual report stating that members have filed a complaint that invested money in pigmies, RD, FD on various dates in the said society and the society has not returned the deposits even after maturity and audit of the accounts of the societies is not done from the year 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 Society Act, 1959 ('Act', for short) and the accused persons have cheated the depositors and public at large.