DASHRATHSINH LAXMANSINH MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant-original accused has preferred this application under Sec. 482 of the Code of Criminal Procedure, 1973 {"CrPC" for brevity} for quashing and setting aside the order passed in Criminal Revision Application No. 25 of 2008 and Criminal Revision Application No. 26 of 2008 dated 16.09.2008 and an order passed by the learned JMFC, below discharge application dated 17.03.2016 arising out of the complaint, being Criminal Case No. 1025 of 2005 registered with the Judicial Magistrate, First Class, Prantij for the offence punishable under Sec. 420 of the Indian Penal Code.

(2.) Brief facts of the case are that complainant belongs to village Vaghpur, Ta: Prantij, District: Sabarkantha and doing agricultural work and rendering service as a Secretary to the Vaghpur Seva Sahakari Mandali [For short 'Mandali'] and whereas, at the time of occurrence, the applicant/accused was serving as Loan Inspector with Sabarkantha District Seva Cooperative Bank Limited, Prantij Branch. Being a Loan Inspector and resident of the same village, accused used to often come at the Mandali and thereby he developed relation with the complainant. At one point of time, the complainant requested to facilitate him for the amount of Rs. 20 lacs for establishing factory and thereby, the complainant and his Chairman made arrangement for loan amount in the name of members of Mandali and obtained necessary loan papers on 01.04.2003 entrusted to the accused person. That, being a Loan Inspector, the applicant got sanctioned loan for the said amount and misappropriated the whole amount. That, on loan being sanctioned, complainant and Chairman of the Mandali put their signatures over the cheques, which were entrusted to the accused, who in turn, encashed from the concerned bank, but did not remit the said amount of loan. That, the members of the Mandali as well as Chairman pressurised the respondent no.2, so in response thereof, the respondent no.2 issued a cheque of Rs. 20 lacs on 10.03.2005.

(3.) Heard learned advocate Mr. Ashish M. Dagli appearing on behalf of the applicant, learned advocate Mr. NV Gandhi appearing on behalf of the respondent no.2 and learned APP Mr. KP Raval appearing on behalf of the respondent no.1-State.