NARESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners are apprehending their arrest in connection with Bagodar P.S. Case No.241 of 2015 corresponding to G.R. No. 2011 of 2015 for the offence under sections 406/34 of the Indian Penal Code.

(2.) The prosecution case, in short, is that District CoOperative Officer, Giridih made a written complaint that the Adwara PACS had purchased 11,117 quintals of paddy from the advanced amount by the Government for the period till 30.04.2013 and out of the total purchased paddy, around 8,558.61 qunital of paddy was sent to Hemkunth Rice Mill, Hazaribag for milling and rest of the arount 2,779 quintals was kept at the Mini Rice Mill of PACS for milling. When the rice after milling was not sent to F.C.R, after December, 2013, then this Court passed order of recovery of the amout from the mills and also directed for legal action to be taken against the defaulters. In compliance to that order, the Adwara Pararia PACS Mini Rice Mills has returned Rs. Eight lacs out of the total amount of Rs. 31,99,062.00 but after adding annual interest of 13% till December, 2015 over the rest of the amount left to be paid, the total amount of Rs. 2555001.00 is now recoverable from Sri Naresh Singh, President, Adwara Parsia PACS and from Vivekanand, Manager (petitioners herein) Adwara Parsia PACS. On the basis of these allegations, the instant case has been lodged.

(3.) The learned counsel for the petitioners has submitted that earlier the petitioners have moved W.P(Cr.) No. 54 of 2015 before this Court which dismissed. Further, it has been submitted that the petitioners are innocent and they have committed no offence at all. It is further submitted that the petitioners who controvert the allegation of defalcation against them in toto are rather themselves lawfully entitled to receive an amount to the tune of Rs. 32,83,082/ from the government of Jharkhand itself which is more than the amount for which they are being baseless prosecuted. Further, it has been submitted that the petitioners are holding the post of the President and Manager respectively of the Adwara Parasiya Primary Agricultural Cooperative Society, which is working capital of Rs. 3,76,06,374.32/ with 431 members working therein. Further, it has been submitted that process of 82/83 Cr.P.C has not been issued against the petitioners. It is further submitted that out of the total amount of Rs. 3,92,75000/ sanctioned as an advance, the Adwara PACS had spent Rs. 2,70,16200/ for purchasing, processing and milling of 2525015, quintals of paddy and further spent 1,10,78,937.5/ for 8863.15 quintals of paddy. Therefore, the amount spent over the whole process comes to the tune of Rs. 3,80,95,138.00 out of the total advanced amount of Rs. 3,92,75000/ allotted by JSFC for the year, 20112012 and 20122013 respectively.