SATISH CHANDRA SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ratnesh Kant Agnihotri, Advocate holding brief of Ms. Ranjana Agnihotri, the learned counsel for the revisionist and Ms. Charu Singh, the learned A.G.A for the State.

(2.) By means of the instant revision filed under Sec. 397/401 Cr.P.C, the revisionist has assailed the validity of order dtd. 21/4/2022 passed by the Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 3, Unnao in Misc. Case No. 1392/2021, whereby, the revisionist's application for discharge under Sec. 239 Cr.P.C has been rejected.

(3.) Briefly stated, the facts of the case are that an F.I.R was lodged on 8/4/1994, stating that the complainants are old members of Sadhan Sahkari Samiti Ltd. They used to take loan for purchasing fertilizers, seeds and cattle from the Samiti and to repay the same. The revisionist was Secretary of Sadhan Sahkari Samiti and he had removed the entire record of the Samiti somewhere around the year 1987. Lock of the Samiti premises was broken open by the Tehsildar but even thereafter, the record was not handed over by the revisionist. Thereafter, the government had announced waiver of the loans. About a month prior to lodging of the F.I.R, the applicant had demanded passbooks of the complainants on the pretext that he would get the loan waiver entered in the passbooks. Accordingly, the complainants had handed over their passbooks to the revisionist. Thereafter, the new secretary of Sadhna Sahkari Samiti was demanding money from the complainants. Upon making inquiries from the bank, the complainants came to know that the revisionist has got entries of amount made in excess of the amounts borrowed by the complainants. The revisionist was not returning the passbooks of the complainants.