DADASAHEB MOHNIRAJ KADU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these writ petitions are disposed of by the common order, as the facts involve misappropriation by the same petitioner, who at the relevant time was the Secretary of Vivid Karyakari Seva Sahkari society of village Khamgaon in Taluka Nevasa. Criminal Writ Petition no. 297/89 arises out of Criminal Case No. 289/80 and Criminal Appeal no 109/80 decided by the Additional Sessions Judge, Nanded and Criminal writ Petition No. 298/89 arises out of Criminal Case No. 290/80 and criminal Appeal No. 108/84 decided by the same Court.

(2.) IN Criminal Writ Petition No. 297/89, the allegations of the prosecution were that the petitioner was the Secretary of the above Society from 1/1/1977 to 30/6/1978, that during that period as Secretary the petitioner recovered the loans from various members of the Society but did not show those amounts in the Cash-Book and did not deposit those amounts in the bank and misappropriated those amounts. The total amount misappropriated was Rs. 14779,10 ps. , out of that he retained Rs. 6,400 for about nine months.

(3.) ONE M. K. Gandhi was deputed as Auditor by the Competent authority for carrying out the audit of this Society and he carried out the audit for the above period and found that the accused had recovered those amounts from the members but failed to deposit those amounts in the bank.