TRIBHUVANDAS DIGAMBERDAS PAREKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 438 of the Code of Criminal Procedure in connection with Crime No.381/2019 registered with Dhule Taluka Police Station for the offences punishable under Sections 406 , 419 , 420 , 426 , 465 , 468 , 471 , 120 (B) read with Section 34 of the Indian Penal Code.

(2.) The F.I.R. has been lodged on the direction of a Magistrate issued under Section 156 (3) of the Code of Criminal Procedure at the instance of the President of a Public Charitable Trust which is in fact a religious charitable trust. It is alleged that the applicants were the President, the Secretary and the Treasurer of the Trust during the period from 2005 to 2010. It is alleged that they have misappropriated the funds of the Trust to the tune of Rs. 47,91,103/-. It is alleged that the applicants have withdrawn from time to time moneys from the four Bank Accounts of the Trust as detailed in the F.I.R., but they have not accounted for it and thus have committed the aforementioned offences.

(3.) Learned Advocate for the applicants at the outset submits that applicant No.1 has died on 30 January 2020.