Archana W/O. Murlidhar Nalamwar @ ... vs State Of Maharashtra Thr. P.S.O., ...
2021 Latest Caselaw 1326 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH: NAGPUR

                   CRIMINAL APPLICATION (APL) NO. 808 OF 2018

      Archana w/o Murlidhar Nalamwar
      alias Archana Tammewar,
      Aged about 52 years,
      Occupation : Service,
      R/o. 94, Sarkar Nagar, Mul Road,
      Chandrapur, Distt. Chandrapur.                         ...      APPLICANT

                   ...V E R S U S...

 1] State of Maharashtra,
    Through Police Station Officer,
    Police Station, Gondpipri,
    District - Chandrapur.

 2] Rajaram s/o Tukaramji Bhadke,
      Aged : 65 years, Occ. Manager,
      Chandrapur District
      Magaswargiya Nagari Sahkari Pat
      Sanstha Ltd., Chandrapur,
      R/o. Sanjay Nagar Mul Road,
      Chandrapur, Tq. and District -
      Chandrapur.                                             ...      NON-APPLICANTS
 -------------------------------------------------------------------------------------------------
 Ms. Astha Sharma, Advocate h/f Shri P. R. Agrawal, Advocate for
 Applicant.
 Ms. Mayuri Deshmukh, A.P.P. for Non-applicant No.1/State.
 Ms. Divya Joshi, Advocate h/f Shri S. V. Sirpurkar, Advocate for Non-
 applicant No.2.
 -------------------------------------------------------------------------------------------------

                   CORAM:- Z. A. HAQ AND
                           AMIT B. BORKAR, JJ.

DATED :- 20.01.2021

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ORAL JUDGMENT (PER: AMIT B. BORKAR, J.) :-

1. Rule. Rule is made returnable forthwith.

2. This is an application under Section 482 of the Code of

Criminal Procedure challenging the First Information Report bearing

No.339/2017 dated 15.06.2017 registered with the Non-applicant

No.1 - Police Station for the offences punishable under Section 408,

409 and 420 read with Section 34 of the Indian Penal Code.

3. The First Information Report came to be registered

against the applicant with the accusations that the applicant on

07.10.1991 created false voucher in the name of the Chief Office at

Chandrapur and misappropriated amount of Rs.49,000/-. The

Manager of the Co-operative Credit Society, Chandrapur, wherein the

applicant was working, filed a complaint with the non-applicant No.1-

Police Station on 15.06.2017. The impugned First Information Report

has been registered on the basis of said complaint. It is stated in the

said complaint that the delay caused in filing of complaint was due to

delay in carrying out audit. It is stated that the audit was carried out

on 30.03.2015 and enquiry was carried out by the Deputy Registrar,

Co-operative Credit Society, Chandrapur under Section 98 the

Maharashtra Co-operative Societies Act. The applicant has therefore,

filed the present application.

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4. This Court on 05.09.2018 issued notice for final disposal

and directed the non-applicants not to file the charge-sheet until

further orders. In pursuance of the notice issued by this Court, the

non-applicant No.1 has filed reply. It is stated in the reply that the

First Information Report has been registered on the basis of complaint

of concerned Co-operative Credit Society which alleges that the

applicant alongwith three other persons have committed

misappropriation in the financial year of April 1991 to March 1992

and has misappropriated an amount of Rs.66,695.70. It is also, stated

in the reply that the applicant was working in the said society from

12.09.1991 till 07.03.1992. It is therefore, prayed that the Criminal

Application deserves to be dismissed.

5. We have considered the allegations in the First

Information Report. The principal accusations against the applicant is

that on 07.10.1991 she had misappropriated the amount of

Rs.49,000/- by creating false voucher in the name of Chief Office at

Chandrapur.

6. We have carefully considered the contents of the First

Information Report. After meaningful reading of the First Information

Report and the reply filed by the non-applicant No.1, we are satisfied

that there is an unexplained delay of more than 25 years in filing the

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First Information Report against the applicant. The material produced

on record shows that the concerned Co-operative Credit Society has

already filed dispute under Section 91 of the Maharashtra Co-

operative Societies Act, 1960 for recovery of amount against the

applicant and others. The delay in registration of the First Information

Report assume importance in the context of provisions of Section 81 of

the Maharashtra Co-operative Societies Act, 1960 which requires that

the audit of the society needs to be carried out every year. The said

responsibility is statutory responsibility as on the Society and the

concerned officials of Co-operative Department. It has not been

explained as to whether the audit of society for the year 1991-92 has

taken place earlier or not.

7. Taking into consideration the considerable delay of 25

years and taking into consideration the nature of accusations against

the applicant, we are satisfied that continuance of the proceedings

against the applicant is amount to abuse of process of Court.

8. We are therefore pass the following order.

The First Information Report bearing No.339/2017 dated

15.06.2017 registered with the Non-applicant No.1 - Police Station for

the offences punishable under Section 408, 409 and 420 read with

Section 34 of the Indian Penal Code is quashed and set aside.

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9. Rule is made absolute in the above terms. No order as to

costs.

                                       JUDGE                      JUDGE




RGurnule.