R. KRISHNARAJ Vs. THE DEPUTY REGISTRAR OF CO

JUDGEMENT

(1.) Heard Mr. AR.L. Sundaresan, learned Senior counsel appearing for the appellant, Mrs. T. Girija, learned Government Advocate, appearing for the 1st respondent, Mr. L.P. Shanmuga Sundaram, learned Special Government Pleader, appearing for the 2nd respondent and Mr. P.S. Sivashanmuga Sundaram, Special Government Pleader appearing for R3.

(2.) The learned Senior counsel for the appellant submits that the entire misappropriation has been committed by one Mr. K. Karunanidhi and action has been initiated against him and he has remitted the entire money. He further submits that the appellant is the Special Officer and in no way in picture in the issuance of Crops Loan and he is only the signing authority in the Cheque along with the accountant as per the recommendation of the Accountant and the Supervisor of the District Co-operative Society. The learned Senior counsel further contended that apart from looking after the respondent-Society, he is in-charge of 7 to 8 cooperative societies and his role is minimum. It is also contended that there is no specific finding in the enquiry proceedings with regard to misappropriation of money or wilful negligence or breach of trust and hence for an offence of cheating or misappropriation, there is no element of mens rea and hence no cause of action arises herein for any criminal prosecution.

(3.) The learned Single Judge, after taking into consideration the submissions made on behalf of the Writ Petitioner/Appellant herein, pointed out that the writ petition is premature and further made an observation, that the third respondent-the Inspector of Police, Commercial Crime Investigation Wing, Cuddalore Region, should not be solely guided by the report of the second respondent-The Cooperative Sub Registrar/Enquiry Officer, Cuddalore Agricultural Producers Cooperative Marketing Society, but as an Investigating Officer, he should investigate, whether any criminal offence has been committed. While doing so, he should also bear in mind the circular dated 11.12.1991 issued by the Registrar of Co-operative Societies.