SAMPAT SHRIPAT LAMBATE Vs. SURESH T KILACHAND

JUDGEMENT

(1.) THIS is an appeal that has been pending since the year 1980 and is part of a group of 12 companion appeals. The matter is one of some seriousness in so far as the appellant who is the Secretary of the Digvijay Mills Employees Co-operative Credit Society Ltd. , has assailed the correctness of the judgment and order of the learned Metropolitan Magistrate, 6th Court, Mazagaon, dated 3-5-1979, acquitting the accused.

(2.) THE complainant before the Trial Court in his capacity as Secretary of the Digvijay Co-operative Credit Society Ltd. , filed a complaint under section 147 (b) of the Maharashtra Co-operative Societies Act, 1960 and section 409 read with section 114 of the Indian Penal Code against the chairman and Manging Director, the Directors and the Secretary of the Digvijay Mills Ltd. The complainant stated that the Society used to advance loans to the members who are the employees of the Mills and that there existed an arrangement/agreement under which the loans were to be repaid in instalments by the employees out of their wages. The mills were required to deduct these instalments out of the wages and credit the same to the Society. The complaint was that several of the amounts so deducted from the wages had not been paid over to the Society and that, consequently, the offences in question have been committed.

(3.) IT is very relevant in this case to point out, that the facts are not at all in dispute. The trial Court discharged accused Nos. 2 to 8 and they are, therefore, no longer before this Court as that order became final. The trial proceeded only against the original accused No. 1 who was the Chairman and Managing Director of the Mills. In his statement, the accused No. 1 has stated as follows :