Ausa Taluka Shishak Sahkari Pat ... vs State Of Maha & Ors
2016 Latest Caselaw 5134 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD
                                                




                                              
          CRIMINAL REVISION APPLICATION NO. 154 OF 2004

     The Ausa Taluka Shikshak Pat
     Sanstha Ltd. Ausa, through its




                                             
     Chairman Shri. Hanmant s/o
     Sambhajirao Ansarwade,
     Age: 40 yars, Occ: Service,
     R/o. Jawali, Tq. Ausa,




                                     
     Dist. Latur.                                       ..APPLICANT

              VERSUS
                             
     1.       The State of Maharashtra
                            
              Through the Secretary
              Law & Judiciary Department,
              Mantralaya, Mumbai.

     2.       Revansidh Nagappa Kalyani,
      


              Age: 52 years, Occ: Business,
              R/o. Ausa, Tq. Ausa,
   



              Dist. Latur.                              ..RESPONDENTS


     Mr S.S. Manale, Advocate for applicant;





     Mr R.V. Dasalkar, A.P.P. for respondent No.1;
     Mr M.L. Dharashive, Advocate for respondent No. 2


                             CORAM :  N.W. SAMBRE, J.

DATE : 31st August, 2016

ORAL JUDGMENT :

On 6th November, 2003, the respondent-

accused was acquitted in Regular Criminal Case No.

72 of 1994 by learned Judicial Magistrate, First

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Class, Ausa, in which he was tried for an offence

punishable under Section 409 of the Indian Penal

Code, as it is claimed that he has caused

mismanagement of amount of Rs.58,065-70 ps. In the

capacity of Secretary between the period from 1991

to 1992.

2.

There is one more case initiated against

the present respondent-accused being Case No.

CCL/132/94 in the Co-operative Court, Nanded for

recovery of the said amount. The Judge,Co-operative

Court has allowed the said dispute moved by the

complainant vide judgment and order dated 31st

December, 2001.

3. What could be noticed from the judgment of

acquittal delivered by learned Magistrate is that

though the above referred judgment delivered by Co-

operative Court, which has direct bearing over

criminal issue involved before it was not taken

into consideration and dealt with.

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4. Leave apart, Mr. Dharashive, learned

Counsel for respondent-accused, in the light of

above, has given no objection for remand. In view

thereof, in my opinion, criminal revision

application needs to be allowed.

5. The order of acquittal dated 6th November,

2003 passed by learned Judicial Magistrate, First

Class, Ausa in Regular Criminal Case No. 72 of 1994

is hereby quashed and set aside. The said

application stood restored to the file of learned

Judicial Magistrate, First Class, Ausa, who shall

decide the same afresh after taking into account

the effect of the judgment of the Co-operative

Court cited sura in the back ground of law laid

down by the Apex Court in the matter of M/s.

Karamchand Ganga Pershad and another vs Union of

India and others reported in AIR 1971 SC 1244. If

required, the Magistrate shall give opportunity to

adduce additional evidence, production of

additional evidence, if any.

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6. As such, criminal revision application

stands allowed in above terms.

(N.W. SAMBRE, J.)

Tupe