STATE OF GUJARAT Vs. GAJANANDBHAI NAMDEV CHAUHAN

JUDGEMENT

(1.) THE complainant, who was serving as Assistant Cooperative Society Officer in the Office of Ahmedabad (Rural) District Registrar, had conducted audit of Pavdi Milk Producing Co.operative Society, District : Gandhinagar, for the period from 1.10.2004 to 31.12.2004. During the course of conducting the audit of the aforesaid Society, it came to the notice of the complainant that there was misappropriation of Rs. 50,000/. Hence, he filed complaint before Dehgam Police Station, which was registered as C.R.No. I. 11/2007, on 19.1.2007, against the President, Secretary, Accountant etc. of the aforesaid Society.

(2.) THE respondent, at the relevant time, was working as Veterinary (Doctor) Officer. He filed discharge application under Section 227 of Cr.P.C. before the learned J.M.F.C. Dehgam, who was pleased to reject the said application by order dated 14.2.2008 passed in Criminal Case No. 1877/2007. Against the said order of rejection, the respondent preferred Criminal Revision Application No. 19/2008 before the Sessions Court, Gandhinagar. The learned Sessions Judge, Gandhinagar was pleased to allow the same by judgment and order dated 5.6.2008, against which the State has preferred the present revison application.

(3.) IT is the say of the respondent that his name is not disclosed in the complaint filed by the complainant, nor his name is disclosed in the statement given by the Secretary of the Society. It is the further say of the respondent that there is no direct or indirect evidence against him. In the statement of Jivanlal Mafatlal Solanki, a Clerk working in the Insurance Company, name of the respondent is disclosed and that is how the respondent is arraigned as an accused. It may be stated that the complainant has filed the complaint for the offences punishable under Sections 406, 408 & 420 of the Indian Penal Code.