Advocates Appeared:
For the Applicant : Chandra Bhusan Kushwaha, Jagdev Singh
For the Opposite Party : G.A.

Key Points: - The Act does not provide punishment for breach of trust; breach of trust can be prosecuted under Section 406 IPC. (!) - Forgery can be prosecuted under either the UP Co-operative Societies Act, 1965 or the IPC; double jeopardy bars punishment under both for the same offence. (!) (!) (!) - An employee/officer of a cooperative society can be prosecuted under the IPC for offences like forgery and breach of trust, even if those offences are also punishable under the Act; discretion at charge framing is allowed. (!) (!) (!) - Section 26 General Clauses Act allows prosecution under two acts but not punishment twice; however, breach of trust (not covered by Act) can be charged under IPC without being barred by Section 26. (!) (!) - The court directs expeditious disposal of the pending proceedings and clarifies jurisdiction over cooperative society fraud cases. (!) (!) (!)

What is the correct approach to prosecuting acts of forgery and breach of trust involving cooperative society employees under the UP Co-operative Societies Act, 1965 and the IPC?

What is the impact of Section 26 GC Act, Section 300 Cr.P.C., and Section 71 IPC on prosecuting an employee for offences under both the Act and the IPC?

What is the court’s stance on whether breach of trust can be prosecuted under IPC(406) when the UP Co-operative Societies Act, 1965 does not provide a penalty for breach of trust?