R.K. NEMA Vs. STATE OF M.P.

JUDGEMENT

(1.) PRESENT petitions have been directed seeking relief of quashment of proceedings of Sessions Trial Nos. 712/11 and 713/11 respectively under Sections 420 and 409 of the IPC on the basis of respective FIRs.

(2.) NECESSARY facts, in short, are that vide letter dated 22.7.2009, T.R. Aathiya, Manager of Sewa Shakari Samiti, Kesli on the basis of Audit Report pertains to working of the year 1997 -98 of Samiti, lodged the FIR under Section 420 of the IPC against K.L. Bhatt, Shakha Prabandhak, R.K. Nema, Sakha Prabandhak//Parvekshak, Ramcharan Sahu, Mahesh Singh Rajput, Ganesh Singh Rajput and Laxmi Pateriya, Sales Men. Substance of allegation was that the limit of Rs. 3 lacs was given to Society for the withdrawal form of the Bank, but as a result of conspiracy and negligence of accused persons, about more than Rs. 10 lacs have been withdrawn and interpolation and forgery has been made in concerning registers of Society in showing the stocks of grains etc..

(3.) PER contra, learned Panel lawyer for the State submits that name of the petitioner appeared in the FIR itself and it is evident right from the beginning. Whatever has been contained by him is nothing, but the matter of trial because on the basis of some Audit Report, if it is found that it is not mere a case of financial irregularities, but it is a crime as required under Sections 420 and 409 of the IPC. In the capacity of Shakha Prabandhak and Samiti Prabandhak both, there is a limit on withdrawal. Whatsoever averred by the petitioner can be raised in the trial Court during trial and cross examination of the witnesses.