S VALLI Vs. STATE

JUDGEMENT

(1.) The petitioner approaches this Court with a prayer to call for the records relating to the impugned charge sheet laid in C.c.Nos.4 and 5 of 2009 on the file of the Judicial Magistrate No.II, Tirunelveli and quash the same in so far as the petitioner herein is concerned.

(2.) The petitioner was arrayed as A5 in C.C.No.4 of 2009 and arrayed as A4 in C.C.No.5 of 2009 on the file of the learned Judicial Magistrate, Triunelveli, in the cases registered against her on the basis of the complaints given by the Registrar of Societies on the basis of Section 81 enquiry of the Co-operative Societies Act The case of the prosecution is that the petitioners was holding as the additional charge of Special Officer in the Naduvakurichi Primary Agricultural Co-operative Bank and at that time, while disbursing the agricultural loan, the accused Nos.1,2 and 7 were misappropriated the loan amount due to the employees by creating forgery documents and making false accounts upto the year 31.08.2004 and hence, the case has been registered against the petitioner and others in crime No.5 of 2006, for the offence under Sections 408, 465, 468, 471 and 477(A) of I.P.C., and as per the resolution dated 22.05.2001, the Secretary and the Special Officer together has got to maintain the income and expenditure account and thus the petitioner has abetted the offence, against which the petitioner is filing the present petition to quash the charge sheet filed against him.

(3.) The learned counsel appearing for the petitioner would contend that the petitioner is a Sub Registrar of Co-operative Society (Public Distribution System) and she was having control over 62 PDS shops, out of which she had to do monthly inspection of 25 shops and to file a report and she was holding additional charge from the bank for the period from 06.02.2003 to 24.11.2004 and during that period, it was stated that the agricultural loan has been disbursed and as per the audit report, Sec. 81 enquiry was ordered and based on the said enquiry only, the petitioner was subjected to disciplinary proceedings and 17A charge has also been framed and finally the Deputy Registrar has passed a final order on 28.10.2006 postponing the increment of the petitioner for a period of 3 months without cumulative effect for negligence in duty.