1. The revision petitioner herein / third accused has filed C.M.P.No.226 of 2008, on the file of Judicial Magistrate No.IV, Coimbatore to discharge him from the criminal proceedings in C.C.No.2 of 2006, stating that he worked as an Extensive Officer of the Co-operative Society for the entire block of Annur from 22.09.2001 to 19.11.2002. Then, by an order of Joint Registrar of Co-operative Societies, the petitioner took additional charge as Special Officer from 03.04.2002 to 19.11.2004. The case of the prosecution was that during the alleged period from 01.10.2001 to 01.10.2002, the petitioner, along with the accused created false records and benami loans as if crop loans have been issued to the ten members of the bank to the tune of Rs.2,81,250/- while the loans already issued to the said ten members were still in due and not repaid by them and A-1 to A-7 misappropriated the amount out of the funds of the PACB. It was stated that the Secretary shall be the Chief Executive Officer of the bank and all the employees have been fixed with duties and responsibilities and liabilities. A-1 as the Secretary, has given confession statement before the enquiry officer and agreed to repay the alleged entire amount. The petitioner was not responsible for the day to day affairs of the bank. There was no materials to show that the petitioner has instigated any person to commit the offence or held up conspiracy to commit the offence. The petitioner has no entrustment and dominion over the property of the bank. Therefore, the petitioner has prayed before the learned Magistrate-IV, Coimbatore to discharge him from the proceedings.

2. The Inspector of Police, who is attached to the Central Crime Investigation Wing (CCIW CID), Coimbatore Rural Unit, had filed a counter statement and resisted the discharge petition. The respondent stated that on a complaint given by the Deputy Registrar of Co-operative Societies, dated 30.06.2005, the criminal case has been registered for the offence under Section 408, 477 (A) of IPC. The Annur P.A.C.B., which was registered under the Tamil Nadu Co-operative Societies Act, 1961, is administered by the board of President or Special Officer. From the records, it was evident that crop loans were sanctioned by the Central Co-operative Bank as per the recommendations given by the petitioner. The duties and responsibilities as fixed for the employees of the bank by resolution dated 03.04.2002 was a typed paper created belatedly and the petitioner had created the records. The petitioner has failed to supervise the vouchers, loan ledgers, loan applications etc and therefore, aided in the mis-appropriation of the alleged funds. The documents submitted on the side of the prosecution reveals prima-facie charge against the petitioner. The charge could be proved only after commencement of the trial. Therefore, the respondents have prayed to dismiss the said discharge petition.

3. After considering the averments of both parties, the learned Magistrate has framed an issue and on hearing the arguments of both parties and on considering the citations marked, the learned Magistrate dismissed the said discharge petition and had observed that the prosecution case clearly shows that there were sufficient records and documents available on the side of the prosecution to show prima-facie case against the petitioner. The learned Magistrate further observing that the in the present stage of the case no conclusions can be arrived at regarding the charges framed against the petitioner, without the commencement of the trial, dismissed the discharge petition.

4. Against the dismissal of the said discharge petition, the accused has filed the above revision.

5. The highly competent counsel for the revision petitioner has submitted that the defacto complainant, i.e., Deputy Registrar of Co-operative Societies lodged the complaint before the respondent police and in the said complaint, the petitioner had not been implicated and as such,