AJAY KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajul Bhargav, learned Senior Counsel for applicant assisted by Sri Deepak Kumar Pandey and Sri. B.P. Verma, learned Counsel for informant and the learned A.G.A.

(2.) Brief facts as they emerge from record are that there is a registered society known as "Life Insurance Corporation Employees Salary Earners Cooperative Society Ltd. Mathura", whereof all the employees of Life Insurance Corporation are members, who deposit their savings as fixed deposits. The informant Yogendra Singh, who himself is said to be the President of said society, lodged a First Information Report, dated 1.4.2015 under the instructions / order dated 04.02.2015 issued by the Assistant Commissioner / Assistant Registrar, Cooperative, Mathura with allegations that the accused applicant Ajay Kumar Sharma was elected Secretary of said society and had continued as Secretary from the year 1998 up to 2012, during which period amounts were being deposited by the members of the society as Fixed Deposits through accused applicant, for which relevant particulars of receipt of amounts so deposited and amount of cash of the society was not being entered into relevant ledger for several years and a large amount of money has been embezzled and even after issuing of notice to accused applicant, he did not handover records to the society and hence, the members of society were suffering pecuniary loss and when the demand of record was made to the accused applicant, he extended threat of dire consequences.

(3.) After lodging of first information report, investigation was carried out, during which an audit report was also provided to the investigating officer, which was prepared by Senior auditor Sri Mahesh Chandra Soni, wherein it was mentioned that the audit of society's record revealed difference in Work-sheet and actual dues and the accused applicant has embezzled an amount of Rs. 40,04,500/- by committing forgery in the record of the society and has thus caused loss to the society. After investigation, charge sheet no. 33 of 2015 dated 19.09.2015 has been submitted only against accused applicant, on which cognizance has been taken by the court below on 22.09.2015.