A. P. SUBRAMANI Vs. STATE

JUDGEMENT

(1.) The present Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records of the proceedings in C.C.No.163 of 2010 on the file of the Judicial Magistrate No.I, Dharmapuri and to quash the same as illegal, incompetent and without jurisdiction.

(2.) The allegation levelled against the petitioner / A.4, as per the complaint lodged by Lourdanathan, Deputy Registrar of Co-operative Societies, Vellore is that the petitioner, who was the Manager of the Co-operative Society along with other persons [A.1 to A.3, Secretary, Special Officer / CSR and CSR, Housing Society respectively] colluded with each other and with an intention to cheat the society funds had sanctioned loans to the persons [A.5 to A.10], who are ineligible members, not having proper records and without constructing buildings, etc., thereby misappropriated the Society's funds to the tune of Rs.9,93,250/-. Based on the complaint, a case in CCIW, CID, Dharmapuri in Crime No.1 of 2010 was registered under Sections 406, 408, 409, 419, 420, 465, 471, 477(A) r/w 120(B) IPC on 04.08.2010 and the same is taken on file in C.C.No.163 of 2010 by the learned Judicial Magistrate, Dharmapuri and the same is pending. Seeking to quash the same the petitioner is before this Court.

(3.) The learned counsel for the petitioner would submit that it is not the case of the Dharmapuri Housing Society that the alleged losses caused to it were pending on the date of filing of the charge sheet. As a matter of fact, the letter dated 29.04.2015, issued by the Society would show that the amounts, if any, had been repaid with interest by the borrowers, the last of which were paid on 04.07.2010. Thus, when the charge sheet was filed on 23.11.2010, there was nothing to show that any loss had been caused to the society.