The central legal point established in the judgment is that the responsibility of maintaining the Day book was on the Secretary or Branch Manager, and the cashiers were only responsible for authenticating cash transactions.

1. K. Ramesh, who figures as Accused No.6 in C.C.No.255 of 2003 and Accused No.5 in C.C.No.256 of 2003 on the file of the District Munif-cum-Judicial Magistrate, Pochampalli has brought-forth Crl.O.P.No.3914 of 2007 and Crl.O.P.No.3915 of 2007 for quashing the criminal proceedings initiated against him in the respective Calender cases referred to above. R.Subramani, the fifth accused in C.C.No.254 of 2003 on the file of District Munif-cum-Judicial Magistrate, Pochampalli has brought forth Crl.O.P.No.3916 of 2007 to quash the said criminal proceedings initiated against him. Since all the three cases came to be initiated based on three final reports filed in one and the same case viz., Crime No.1 of 2002 registered on the file of the respondent police, all these Criminal Original Petitions are taken up together for consideration and disposal by a common order.

2. The facts leading to the filing of the above said Criminal Original Petitions, in brief, are as follows:- K.Ramesh, the petitioner in Crl.O.P.No.3914 of 2007 as well as Crl.O.P.No.3915 of 2007 was appointed as Cashier in the Branch office of the Krishnagiri Taluk, Agricultural Producers Marketing Cooperative Society on 02.05.1990 and was holding the post till 10.03.2005. Similarly R.Subramani, the petitioner in Crl.O.P.No.3916 of 2007 was appointed on 29.12.1994 as Cashier in the Head Office of the Krishnagiri Taluk Agricultural Producers Marketing Cooperative Society. He worked there as Cashier upto 10.12.2006. Sri Karthikeya Cotton Merchants, Kallavi and Selvanayagi Gin and Press Private Limited, Kolinchivadi, Tharapuram had transactions with the above said Co-operative Society. Cotton was supplied by the said Co-operative Society to the above said merchants on credit basis. However, both the merchants turned out to be defaulters and despite such default, the Society continued to supply cotton to them on credit basis. The amounts due from the said cotton merchants were not fully recovered. Hence the Registrar of Co-operative Societies ordered an enquiry into the affairs of Krishnagiri Taluk Agricultural Producers Marketing Cooperative Society under the provisions of the Tamil Nadu Co-operative Societies Act, 1983. The Deputy Registrar of Co-operative Societies, Krishnagiri conducted an enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 and submitted a report alleging certain irregularities, namely, supply of cotton on credit basis to the above said cotton merchants even after they proved to be defaulters and thus, a loss was caused to the above said Co-operative Society by the default committed by Sri Karthikeya Cotton Merchants, Kallavi and Selvanayagi Gin and Press Private Limited, Kolinchivadi, Dharapuram. It was also found out that cotton worth Rs.17,67,078/- was supplied on credit to Sri Karthikeya Cotton Merchants, Kallavi, even though the said merchant was already a defaulter and that entries were made in the books of the Society, as if Sri Karthikeya Cotton Merchants, Kallavi sold back cotton worth Rs.17,67,078/-and the said cotton was in turn sold to one Ramasamy Chettiar. It was also found out that despite the fact that Selvanayagi Gin and Press Private Limited was a defaulter, repeatedly cotton was supplied on credit basis to the said cotton merchant to the tune of Rs.83,33,832/-, out of which a sum of Rs.29,74,089/- alone was recovered.

3. Under such circumstances, based on the report, a complaint was preferred by the Deputy Registrar, Co-operative Societies, Krishnagiri and the same was registered as Crime No.1 of 2002 on the file of the respondent police against 13 persons for alleged offences punishable under Sections 408, 409 and 477-A I.P.C . The Inspector of Police, CCIW/CID, Dharmapuri unit, who conducted the investigation, on completion of such investigation, submitted three final reports in one and the same Crime Number viz., Crime No.1 of 2002 and the same were taken on file by the District Munif-cum-Judicial M