LAWS(BOM)-2009-7-11

DHARMA V CHODANAKAR Vs. STATE

Decided On July 28, 2009
DHARMA V. CHODANAKAR Appellant
V/S
STATE THROUGH P.I., CID/RU, PANAJI-GOA Respondents

JUDGEMENT

(1.) Challenge in these petitions, filed under Section 482 of the Code(Code of Criminal Procedure, 1973) is to the Order dated 26-10-2007 upholding the Order dated 26-6-2007, rejecting applications for withdrawal of cases. They are filed by accused Nos.1 to 6 and 10 to 13 in C.C. Nos. 22/2004/B, 15/2004/B and 133/2004/B. The cases were filed under Sections 409,418,420 r/w 109 and 120-B IPC.

(2.) Accused Nos.l to 6 were the Directors of Mapusa Urban Co-operative Bank Ltd. for the years 1998-1999. In their capacity as Directors they had advanced three loans on 2-8-1999 in the sum of Rs.3,50,00,000/- each in favour of Bannerghatta Farms, S.J.K. Farms and Vassantha Farms. Accused Nos. 10 to 12 were associated with the said Farms in whose favour the said loans were granted. As the loanees were irregular in repayment recovery proceedings were filed and awards dated 6-3-2003 were obtained by the said Bank in its favour.

(3.) On or about 18-7-2003, the Manager of the said Bank filed a complaint against the said firms and after investigations, cases came to be lodged against the said accused persons for the said offences.