C SOMASUNDARAM Vs. STATE

JUDGEMENT

(1.) ]This is a petition filed under section 482, Criminal Procedure Code, to quash the proceedings pending against the petitioner in C.C. No. 33 of 1982 on the file of the Special Judicial First Class Magistrate, Coimbatore .

(2.) THE petition arises under the following circumstances: THE petitioner was the President of the Marudur Village Co-operative Agricultural Credit Society from 1970 to 1975. He was the Treasurer of the said Society in 1967 and was its Vice-President in 1968. As there was defalcation in the funds, a complaint was filed against the petitioner and one R.M. Meyappan, the Secretary, on 5th September, 1976. THE case against them was that they collected certain amounts on 20th August, 1970, from a member and did not bring them into the account of the Society, thus committing criminal breach of trust and falsification of amounts. This was the subject-matter of C.C. No. 1 of 1982 in the Court of the Special Judicial First Class Magistrate, Coimbatore, under sections 409 and 477-A, Indian Penal Code.

(3.) A third complaint was filed on 29th September, 1978, against the petitioner and the Secretary and also against the officers of the Co-operative Department for the period from 1968 to 1975 which was registered as Crime No. 4 of 1978. It was alleged that all of them committed offences punishable under sections 120-B read with 409 and 477-A Indian Penal Code.