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1993 Supreme(SC) 864

K.JAYACHANDRA REDDY, G.N.RAY
Suresh T. Kilachand – Appellant
Versus
Sampat Shripat Lambate, Another – Respondent


Judgment

K. JAYACHANDRA REDDY, J. - All these appeals and the connected SLPs arise out of a common judgment of the High Court of Judicature at Bombay. They can be disposed of by a common judgment here.

2. The complainant Sampat Shripat Lambate, the Secretary of the Digvijay Mills Employees Co-operative Credit Society Limited filed a private complaint in the Court of the Metropolitan Magistrate, 6th Court, Mazagaon, Bombay alleging that the eight accused shown in that complaint misappropriated amounts belonging to the Society and thus committed an offence punishable under Section 147(b) of the Maharashtra Co-operative Societies Act, 1960 and Section 409 read with Section 114 of the Indian Penal Code. It was alleged in the complaint that the members of the complainant Society are the employees of the Digvijay Mill Ltd. Accused No. 1 was the Chairman and accused Nos. 2 to 7 were the Directors of the Mill and accused No. 8 was the Secretary of the Board of Directors. The Society used to advance loans to its members and under an agreement with the Management of the Mill, the mill used to recover loans advanced to the members from the salaries payable to such members and the amount so coll











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