K. ARULJOTHI Vs. STATE

JUDGEMENT

(1.) The petitioner herein and one Venkatachalam were the Secretary and President respectively in the Thulukkamuthur Primary Agriculture Cooperative Bank. In the surprise check conducted by the Sub-Registrar of Cooperative Society on 30/5/2000, only Rs.6,420.00 cash was available instead of Rs.19,53,774.30 as mentioned in the Cash Register. On further inspection on 16/6/2000, shortage of fertilisers stock worth Rs.12,02,578.28 was noticed. Hence Department enquiry under Sec. 81 of the Cooperative Societies Act was conducted and misappropriation of Rs.31,49,932.58 by the revision petitioner and the President was held to be proved. Therefore, the complaint dtd. 3/10/2000 was lodged by the SubRegistrar of Co-operative Society, Coimbatore before the CCIW CID. Case in Crime No.18 of 2000 was registered under Ss. 408, 409, 477A r/w. 109 IPC on 7/11/2000 against them and taken up for investigation by the Inspector of Police, Commercial Crime Investigation Wing (Rural), Coimbatore.

(2.) On completion of investigation, Final Report was filed for offence under Sec. 408 IPC as against the revision petitioner / Aruljothi ( A-1) and Venkatachalam (A-2). The Judicial Magistrate No.IV, Coimbatore has taken cognizance of the offence in C.C.No.102 of 2001.

(3.) To prove the charge, 10 witnesses were examined on the side of the prosecution and 29 exhibits were marked in support of the prosecution case. In defence, one Manonmani was examined as D.W.1. No exhibits were marked as defence documents.