NAVNEET SHRIWAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD on admission.

(2.) SINCE all the three cases are connected with the same order and therefore, a common order is passed. The applicants have challenged the order dated 15.9.2010 passed by Additional Sessions Judge, Betul in Criminal Revision Nos.155/2008, 154/2008 and 170/2008 by which the revision applications filed by the applicants were dismissed. Revisions were submitted before the Revisionary Court against the order dated 4.8.2008 passed by CJM, Betul in Criminal Case No.3233/2006 by which charges for the offence under Sections 409, 420, 120-B of I.P.C were framed. Prosecution's case in short is that case related to Nagarik Sahakari Bank Maryadik, Betul (hereinafter it be addressed as "Bank"). One scheme 'Boond Boond Sagar Yojna' (hereinafter it is mentioned as "scheme") was adopted by the Bank and various agents were appointed to collect the money from the consumers. One agent, Shrichand Ranglani, took a sum of Rs.2,37,205/- from the consumers but, did not deposit the amount before the Bank. Shriram Pawar, who was President and Director of the Bank, gave a security for Shrichand Ranglani. Thereafter, he permitted to change the security given by wife of Shrichand Ranglani and thereafter, papers relating to security were discharged and amount deposited by him was returned. Though amount collected from various consumers was not deposited in the Bank but, various Bank officers permitted those consumers to withdraw the amount which was not deposited in the Bank. Ultimately, previous President Shri Bhamkar raised the voice about such defalcation and one complaint was submitted to the S.P concerned and also one Narendra Kumar Nepali had filed a complaint before the Magistrate concerned which was directed for investigation under Section 156(3) of Cr.P.C by the Magistrate. After due investigation challan was filed. Learned Judicial Magistrate framed the charges as mentioned above. Revisions filed by the applicants were dismissed by learned Additional Sessions Judge, Betul. Learned counsel for the applicant Navneet Shriwas has submitted that there is no iota of evidence against the applicant Navneet Shriwas. He was never appointed to do the work of that scheme. He did not participate in the transaction. In support of his contention a duty list is also filed at Annexure P/2. It is also submitted that actually the entire defalcation was done in the period of Shri Bhamkar, who was Manager of that Bank, whereas FIR has been lodged by him. Actually when proceedings were initiated against Shri Bhamkar, to counter blast, he has lodged an FIR. Learned counsel for the applicant placed his reliance upon the judgment passed by Hon'ble the Apex Copurt in the case of "M. N. Ojha and others Vs. Alok Kumar Srivastav and another" ((2009) 9 SCC 682). Learned counsel for the other applicants have submitted in the same manner. It is submitted that applicants Sukhnandan Gadge and Shriram Deshmush were the small clerks and they did not play any role in recovery from Shrichand Ranglani. They were not appointed in the scheme. There is no iota of evidence on the record to show their conduct. Under such circumstances, it is prayed that applicants be discharged from the charges of offences framed by the trial Court.

(3.) CONSEQUENTLY, applications filed by the applicants under Section 482 of Cr.P.C are hereby dismissed at this stage. If any interim order is passed in the matter then it shall be deemed vacated.