GULABRO WAMANRAO PATTI Vs. MAJHAV GOTU PATIL

JUDGEMENT

(1.) Should the eixistence of avowed political rivalry between two public figures act as a deterent upon the one of them to ,move the machinery of justice when he has reason to belive that a defalcation of public fundshas taken place in a co-operative venture in which his political rival is at the helm of affairs ?

(2.) Madhavro Gotu Patil ("Madhavrao) of Chopda in jalgaon district has been in the political arna for the last 45 years and during the last 30 years has held various assignments and offices like Presidentship of the House of State Legislature. Madhyavrao is connected with the banking industrial and education activities of his district. He has been the Managing Director of Kharedi Vikri Sangh ("Sangh") since 1967, a co-operative ventrue of the local farmers.

(3.) Gulabrao Wammanrao Patil (Goulabrao) of Dihiwad of thee same district belongs to a rival political party and on 6th April 1977 filed a criminal and complaint in the Court of Judicial Magistrate, First Class, Chopda against Madhavrao and others imputing misappropriation from the coffers of the Sangh to the tune of Rs. 1,00,000|- . The learned Magistrate directed inquiry under S. 202 Cr, P. C. After examining a few witness, he discharged some of the accused but issued process under Ss. 409, 477-A read with 109 against Madhavrao. The case was transferred to Jalgaon Court where after some 36 hearings in which witness were examined, Madhavrao was discharged on 30th June 1977.