AMICHANDBHAI MADHWAN PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this Special Criminal Application under Art. 226 of the Constitution, the petitioner has sought the following reliefs :-

(2.) The petitioner was working as Secretary of the Banaskantha District Panchayat Employee and Credit Co-operative Society. During audit, some irregularities were detected, and therefore, a complaint was lodged against the petitioner for misappropriation. For the very same irregularities, the co-operative society and its office bearers instituted Lavad Suits before the Board of Nominees for recovery of the amount. One Lavad Suit was numbered 3192 of 1987, for recovery of Rs. 1,43,866.00 and the other was numbered 3193 of 1987, for recovery of Rs. 1,28,000.00, with interest. Both the Lavad Suits were allowed and awards in favour of the society were passed on 1-1-1993, whereby the petitioner was directed to pay Rs. 1,43,886.00 with interest at the rate of 18% from December 30, 1983 in Lavad Suit No. 3192 of 1987 and was further ordered to pay Rs. 2,68,750.00 with interest at the rate of 18% with effect from December 30, 1987, in the other suit. The awards were challenged by the petitioner before the Co-operative Tribunal by way of Appeal No. 63 of 1993 and 64 of 1993. Appeal No. 64 of 1993 was dismissed by the Tribunal, whereas Appeal No. 63 of 1993 was remanded back to the Board of Nominees with a direction to pay Rs. 15,000.00 on or before 2nd December, 1993. The petitioner did not deposit the amount and, as such, the judgments and the awards passed by the Board of Nominees assumed finality. The petitioner, however, preferred Special Civil Application No. 13286 of 1993 before this Court against the order passed in Appeal No. 63 of 1993.

(3.) The society, therefore, started proceedings for recovery of the said amounts and recovery certificates in both the suits were ultimately issued.