MANJUSHA SHETE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ON account of misappropriation of huge amount of Rs.1,12,17,669/over a period from the year 1999 to 2007 of Pune District Judiciary Employees Cooperative Credit Society a complaint came to be filed by Special Auditor Class II of Cooperative Societies, Pune on 23.3.2009. According to the said complaint the aforestated amount has been mis-appropriated by the office bearers and employees of the society. By colluding with one another false and forged documents came to be prepared, incorrect amounts are filled in the counter foils and the copies and false loan entries are taken in the records. According to the prosecution the very fact that every year though substantially large amounts were siphoned out of funds of the society and as no employee or the office bearers of the society raised any voice or objected to the same it is indicative of collusion between the office bearers and the employees who were in charge of the administration during the year 1999 to 2007. In the FIR names of seven persons find place who were office bearers, employees, internal auditors of the society as persons responsible for the misappropriation of the amount. At later point of time various other persons as well came to be arrayed as accused including the present applicants.

(2.) THE present applicants are admittedly persons who have carried out the special audit in successive years during 1999 to 2007 pursuant to the directions issued by the District Deputy Registrar of the Cooperative Societies. It is seen from the scheme of Maharashtra Cooperative Societies Act that after completion of the financial year the accounts of the societies are audited at the hands of the auditors nominated/appointed by the District Deputy Registrar. Such yearly audit known as statutory audit is carried out by the present applicants. In the said audit which is a test audit the applicants did not detect or notice any misappropriation or embezzlement of funds and thus did not bring it to the notice of any one. Along with office bearers, employees and the internal auditors the present applicants are accused of commission of offence punishable under sections 409, 420, 406, 465, 467, 468, 477A and 120B of IPC.

(3.) IN the event of arrest of the applicants or any of them in CR No.66/2009 registered with Shivajinagar Police station for offences punishable u/ss. 406, 409, 420, 467, 468, 477-A, 120-B read with section 34 of IPC the applicant/s shall be released on bail on executing personal bond in the sum of Rs.25,000/each together with one or two sureties in the like amount. The applicants shall abide by conditions stipulated in section 438(2) of the Code of Criminal Procedure. Applications stand disposed of.