MACHINDRA DATTATRAYA KOKATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of both the sides the matter is heard finally.

(2.) In this proceeding styled as under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code (herein after referred to as 'Cr.P.C.') the petitioners who are the original accused from R.T.C. No.272 of 2010 pending in the Court of learned Chief Judicial Magistrate, Ahmednagar, are impugning the order passed by the learned Chief Judicial Magistrate on 04.09.2017 directing to issue process against them under Section 204 of the Cr.P.C. for the offences punishable under Section 420 and 465 of the Indian Penal Code, on a complaint filed by Respondent No.2 herein.

(3.) Respondent No.2 filed a private complaint alleging that there is a trust of which he was a president on the date of lodging of the complaint. All the petitioners indulged in forgery and opened different accounts in the name of the trust in Union Bank of India, allowed the Government grants to be credited in those accounts and withdrew it without being authorized to function for on behalf of a trust when the trust already had its own account. Thus by deceiving the bank authorities they have opened the account and misappropriated the money.