JUDGMENT :

Vibha Kankanwadi, J.

Present petition has been filed by invoking powers of this Court under Articles 226 and 227 of the Constitution of India and inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973, to challenge and quash the complaint bearing R.C.C. No. 788 of 2008, pending before Joint Judicial Magistrate (First Class), Dhule, as well as the order passed by the learned Magistrate on 04.03.2009. Petitioner no.01 is made as accused no.03 and petitioner no.02 is made as accused no.19.

The said complaint has been filed by present respondent no.02. The parties are referred as accused persons and complainant hereinafter.

2. The complainant contended that he is member of accused no.01 - Bank. Accused nos.02 to 20 are the Directors, Chairman, Vice-President, etc. Accused no.19 is the Manager and accused no.20 is the Special Executive Officer. Accused no.21 is the auditor who has audited the accounts of the bank for the financial year 2006-07. The bank was established under the Maharashtra Co-operative Societies Act, 1960. Complainant had taken loan to the tune of Rs. 2,85,000/- on 28.08.2003 from the bank. It was to be repaid by the end of 28.08