SANJAY BHAUSAHEB MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent heard both the sides for final disposal. Proceeding is filed for direction of registration of crime against the management of a Multistate Co-op. Society.

(2.) The submissions and the record show that petitioner no.8- Bhausaheb Kardile gave a complaint to the Joint Secretary of Co-operative Societies, Regional Assistant Registrar of Co-operative Societies, District Collector and District Superintendent of Police, Ahmednagar on 06.09.2018. He has made allegations that Bhairavnath Multi State Co-operative Credit Society of Wadala Bahiroba is not properly managed. He has contended that he has deposited hard earned money in the society but due to the mismanagement and fraud committed by the management even after the period of fixed deposit is over he is not able to get back the amount kept as fixed deposit in the society. He has given the names of Chairman and Directors who were contacted by him for requesting to return the fixed deposit amount. Some deposits matured prior to 01.03.2018 and 01.03.2018 is the date of maturating of the last deposit. He is having six receipts of fixed deposits. He has made allegations that the persons from the management have misappropriated the amount of society and only due to that he is not able to get back the F.D. amount. Similar complaints are given by other persons like Sunil Shinde, Baban Shaharao, Sanjay Mote, Suresh Mote Shivaji Pansare on 29.08.2019. The grievance of all the depositors is of similar nature.

(3.) In view of the nature of allegations this Court asked the learned A.P.P. to show the steps taken by police in view of the grievance of the petitioners expressed in the present petition. The learned A.P.P. showed to this Court the communication of Deputy Superintendent of Police (Economic Wing), Ahmednagar. In the communication it is informed that routine audit of this institution was conducted and the Auditor did not notice that there was actual misappropriation of any amount, though 74% debtors were defaulters and the society was not able to recover the amount. It is also mentioned that the society had invested the amount in immovable property and due to that the liquidity of the society was affected. The amount which needs to be recovered from the debtors is more than rupees 3.5 crores and property which is shown to be purchased is worth rupees 1.29 crores. The deposited amount was more than rupees 6.37 crores and the amount of rupees 1.5 crores was returned by the society but after 29.11.2019 the society was not able to return the deposits of other depositors.