STATE OF RAJASTHAN Vs. KUNDAN AND ORS.

JUDGEMENT

(1.) The present criminal leave to appeal under Sec. 378(1) & (3) Cr.PC. has been filed by the State against the judgment and order dated 19.10.2000 passed by Additional Chief Judicial Magistrate, Bundi in Criminal Case No. 183 of 1989, whereby the accused respondents have been acquitted of the charges punishable under Secs. 408, 420, 467, 468, 477A and 120B IPC.

(2.) Briefly stated, the facts of the case are that prosecution was initiated on the basis of Exhibit-P/18, written report lodged by PW 2 Moolchand Shukla on 19.12.1979 in Police Station Kotkasim, who at the relevant time was assistant executive officer in the Central Co-operative Bank Branch, Kotkasim, with the averments that the accused respondents, while functioning as office bearers of the Ganapur Gram Seva Sahakari Samiti Ltd., Gangapur embezzled the loan amount which was required to be disbursed amongst its members. The total amount is said to be of Rs. 105176/-. It was further stated that the accused respondents obtained loan amount form the Central Co-operative Bank Branch, Kotkasim and the amount was not disbursed between the members of the Society and they by preparing false and forged documents misappropriated the same. It was further stated that during the course of the inquiry under the provisions of the Rajasthan Co-operative Societies Act, 1965 (hereinafter to be referred to as 'the Act of 1965') it was revealed that society's fund was misappropriated, therefore, they were liable to be punished. It was also stated that the order under Sec. 74 of the Act of 1965 was also passed holding the accused respondents guilty for misappropriation of the funds of the Society, thus, a case was required to be registered against them under Sec. 408 IPC. On the basis of above written Report Exhibit-P/18, a regular FIR was chalked out which is Exhibit-P/19.

(3.) After usual investigation, a charge-sheet was filed before the Additional Chief Judicial Magistrate, Kishangarh Bas under Secs. 408, 420, 467, 468, 471, 477A read with Sec. 120-B Penal Code and after hearing arguments on the charge, charges against the accused respondents were framed accordingly. The accused denied the charges and claimed trial.