KIRANKUMAR DEVIDAS DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present applicant is apprehending his arrest in connection with Crime No.224 of 2021 registered with Chopda City Police Station, Taluka-Chopda, District-Jalgaon for the offence punishable under Ss. 406, 409, 420, 465, 468, 471, 34 of the Indian Penal Code.

(2.) Heard learned Advocate for the applicant and learned APP for respondent - State.

(3.) It has been vehemently submitted on behalf of the applicant that the applicant is serving as a peon in Shivaji Madhyamik Vidyalaya, Taluka-Chopda, District-Jalgaon. He was also the Chairman of Maratha Samaj Nagri, Sahakari Patsanstha Limited, Chopda, District-Jalgaon. The First Information Report has been lodged by one Sandip Patil, who is on the panel maintained by the Registrar, Co-operatives and approved by the State Government for carrying out audits. The audit of the Patsanstha was carried out for the period 1/4/2018 to 31/3/2020 and then on the basis of that it is alleged that the Patsanstha in the chairmanship of the applicant has over paid amount of Rs.1,86,950.00 against the deposits, less amount of interest is charged on some loan transactions, which has caused loss to the Patsanstha worth Rs.9,59,541.00, the Patsanstha has paid the amount of Rs.45,000.00 as a loan to one Chotubhai on 25/4/2018 and still it is outstanding. It is also alleged that original receipts of the fixed deposit receipts of mortgage have not been kept in the custody of Patsanstha. The applicant in fact, in response to the notice issued by the Auditor, had given explanation and copy of the same has been annexed. He has denied all the allegations against him. The Auditor had not considered the explanations given by the applicant. In the said explanation the allegations about preparation of false documents have been denied. None of the depositors have raised any objection regarding the over draft loan. Entire transactions and the affairs of the Patsanstha are legally done and the record has been kept to that effect. Therefore, all the record when it is available with the Patsanstha, the custodial interrogation of the applicant for the purpose of investigation is not required.