S GUNASEKARAN Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner is the 11th accused in CC No. 410 of 2003 on the file of the judicial Magistrate No. 2 kulithalai, Karur District. The respondent has filed the final report against the petitioner for alleged offences under. Section 120 (b) read with Sections 409,468,467 and 477a and 471ipc.

(2.) ADMITTEDLY, the petitioner was working as the Special Officer of Co-operative rural Bank at Nangavaram, Kulithalai taluk, between 18. 1. 1989 to 11. 6. 1990. As per the bye-law of the said Bank, the duty of the petitioner is that he has to supervise the day-to-day affairs of the administration at "the Bank and to verify the accounts of the society and also to issue order sanctioning loan to the members of the society. ,

(3.) IN respect of the affairs of the society, an enquiry was ordered under Section 81 of the Tamil Nadu Co-operative Societies Act (hereinafter referred to as "the Act" ). One mr. S. Gurubarasundaram who was appointed as enquiry Officer has held enquiry and has submitted a report to the Deputy registrar wherein he has stated that the employees of the bank have committed serious irregularities hereby causing huge loss to the society played by the petitioner, in his report he has stated petitioner did not discharge his duties with diligence when he was functioning as the Special Officer of the bank between 18. 1. 89 and 11. 6. 1990. He has further stated that had he been diligent, the irregularities committed by the other persons would have come to light immediately and in which case, the further commission of irregularities would have been prevented, on the basis of the said report of the Enquiry Officer, a complaint was forwarded by the Deputy Registrar concerned to the respondent police on which a case was registered in Crime No. 4/93 for offence under sections 409,467,468, 471, 477a read with 120 (b) IPC against 14 accused. The petitioner was arrayed as 11th accused in the said ease. The first accused in the said case was the then Secretary of the Bank and the others were the employees of the Bank. On completing the investigation, the respondent has laid the charge-sheet against all the 14 accused, on which, the learned Judicial Magistrate has taken cognizance.