MAHADEO VIRUPAKSH CHIVTE Vs. TUKARAM GANPAT PAWAR

JUDGEMENT

(1.) This Criminal Writ Petition has been filed against the order of the Judicial Magistrate, First Class, Miraj, dated 15th October, 1984 directing issue of process under Sections 166, 167 and 406 read with Section 34, I. P. C. against the petitioners-accused.

(2.) The petitioner No. 1 is the Chairman of the Miraj Urban Co-operative Bank Ltd. (hereinafter for the sake of brevity referred to as "the Bank"), which is registered under the provisions of the Maharashtra Co-operative Societies Act, 1960. The petitioner No. 2 is the Manager of the Bank and the petitioner No. 3 is one of the Directors thereof. The respondent No. 1, the complainant, was a Member of the Bank. He borrowed a sum of Rs. 10,000/- from the Bank. He did not repay the amount. Hence the Bank sued the complainant in the Co-operative Court. It was ABN Suit No. 607 of 1982. In that case award was passed against the complainant. The Bank obtained certificate under Ssctioa 98-B of the Maharashtra Co-operative Societies Act on 30th May, 1983 and on 1st June, 1983 they issued notice of demand to the complainant. Again on 10th June, 1983 seven days demand notice was issued. The respondent No. 1 did not coply with tthe notices and did not pay the amount due from him. On 1st September, 1984 an amount of Rs. 7,260.60 P. was due from the complainant. On that day the complainant sent a cheque bearing No. 415952 drawn on Vijaya Bank for Rs. 6,710.60 P. The said cheque was received by the Bank, and on 3rd September, 1984 it was sent for realisation. The cheque could not be encashed and the amount could not be realised, as the complainant gave instructions to stop payment. The Bank received back the cheque on 4th September, 1984. On mat day the complainant sent demand draft for Rs. 3,681.70 P. to the Bank. After deducting the amount of the draft, the amount remaining due from the complainant to the Bank was Rs. 3,596. 10P. The complainant was having Rs. 550/- with the Bank as share money. On 6th September, 1984 the Bank informed the complainant by letter, a copy of which is at page 21 of the record, that the amount of Rs. 7,277.80 P. was due from him. He repaid an amount of Rs. 3,681.70 P. oy draft dated 4th September, 1984, leaving the balance at Rs. 3,596.10 P. The amount of Rs. 550/-, that is the share amount of tha complainant, was appropriated towards the dues, leaving the balance at Rs. 3,046.10 P. The Bank requested the complainant by the said letter to repay tha remaining amount of Rs 3,046.10 P. On 11th September, 1984 the complainat sent a cheque for Rs. 3,596.10 P. to the Bank. It included the share amount of Rs. 550/-.

(3.) On the above facts, the respondent No. 1 complainant filed complaint against the petitioners-aacused in the Court of the Judicial Magistrate, First Class, Miraj, for the offences punishable under Sactioan 166, 167, 406 and 500 I. P. C. The complainant in his complaint alleged that he was ready and willing to pay the whole amount due from him to the Bank, but the accused, that is, the present petitioners, illegally forfeited the amount of his shares against his will and thereby illegally dismembered him and committed the offences mentioned above.