SUNIL KUMAR SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE two revisional applications arising from the same train of incident over the same facts and circumstances in respect of the same organisation have been taken up and heard together as similar questions of law and fact are involved in these two cases. This single judgment covers both the revisional applications by two petitioners who come before this Court with identical case in connection with new Township P.S. case No. 21/95 (G.R. Case No. 146 of 1995 of Durgapur Sub -Division) District Burdwan.

(2.) THERE is a Co -operative Housing Society called Durgapur ex - Servicemen's Co -operative Housing Society Limited since 1989 -90 and while Sunil Kumar Saha, the petitioner in Criminal Revision No. 2888/96, was the Chairman, Sibendra Narayan Majumdar, the petitioner in Criminal Revision No. 1663/96 was the Treasurer of that Co -operative Society at the same time. After change of the Board of the Co -operative Society, one H.P. Sharma who was the Secretary in the succeeding board of man agement of that Co -operative Society, lodged complaint against three persons named Dilip Bandopadhya, B.N. Mitra and S.K. Dutta for embezzlement of huge amount of money belonging to the Co -operative Society named above and lodged complaint before New Township P.S. of Durgapur Sub -Division giving rise to the G.R. Case as above. Although the present petitioners were not named in that F.I.R., while submitting charge sheet, the present petitioners were shown as accused persons and the case was instituted against them as well, under sections 409, 420, 468, 471, 477 A, 120 B, I.P.C. On 6.1.94 a group of persons filed a case before the Registrar, Co -operative Society under section 95 of West Bengal Co -operative Societies Act against the aforesaid three persons, (other than the petitioners), registered as dispute case No. 6/93 -94 and the Registrar, Co -operative Society as well as West Bengal Co -operative Tribunal were pleased to dismiss the case and the appeal therefrom respectively. The learned S.D.J.M., Durgapur, took cognizance on the charge sheet, proceeded with the trial of the case against the accused persons including the petitioners and passed order which the petitioners claim to have been passed illegally against them and for that they pray for quashing the proceeding and the order against them.

(3.) THE matter has been contested by both the O.P. Nos. 1 and 2.