ORDER :

1. Applicant has filed this application under section 439(2) of the Code of Criminal Procedure for cancellation of bail granted to respondent No. 2 by trial Court vide order dated 31-3-2023 (Annexure-A/1) in connection with Crime No. 144/2023 registered at Police Station-Ranjhi, District-Jabalpur (MP) for committing offence under sections 408, 409, 420, 467, 468, 471, 120-B, 34 of the IPC.

2. Learned counsel appearing for the applicant submitted that applicant is President of COD Karmachari Sahakari Samiti (Maryadit) Jabalpur (MP). Respondent No. 2 was Ex-president of society. Respondent No. 2 along with cashier Suresh Shah and Manager Umesh Katare committed fraud by embezzling money from society. Loan was given by society to various members. On investigation it was found that loan was sanctioned in name of members who have never applied for loan and they were not given loan amount. Deputy Registrar Co-operative Society found that in financial year 2021-2022 accused persons have embezzled an amount of Rs. 02,75,12,450/-. Investigation is going on in the case. It is submitted that trial Court has granted bail to respondent No. 2 on condition of deposit of Rs. 14,75,000/-. In FIR allegations were made regarding said amount and complaint at that time was made only by four employees. Correct facts were not brought before trial Court and report of Deputy Registrar, Cooperative Society was not considered. In these circumstances, prayer is made for cancellation of bail granted to respondent No. 2.

3. Learned counsel appearing for respondent No. 2 submitted that application for cancellation of bail under section 439(2) of the Cr.P.C. is not maintainable as no supervening circumstances was mentioned by applicant. It is submitted that as per applicant’s case trial Court granted bail considering the amount of defalcation only to be Rs. 14,75,000/- but embezzlement was of much larger amount which was overlooked. It is submitted that such submissions of applicant are incorrect. Report of Registrar Narendra Sonkar is dated 27-2-2023 and was prior to registration of FIR. Sessions Judge has given categorical finding and has referred to audit report given by Narendra Sonkar. Overleaf of audit report categorically states entire amount of defalcation to be Rs. 02,75,12,450/- therefore, entire facts has been considered by trial Court. It is further submitted that present applicant is not having any locus to file application for cancellation of bail. Applicant before this Court is not victim.

4. Definition of ‘victim’ as per section 2(wa) of the Cr.P.C. is quoted as under:

“Section 2 (wa): Definition of victim. “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir.”

As per said provision, applicant does not fall within the definition of victim. Applicant is settling personal score with respondent No. 2. Reliance is placed on paragraph No. 10 of the judgment reported in Myakala Dharmarajam vs. State of Telangana , (2020) 2 SCC 743 which is quoted as under:

“10. Having perused the law laid down by this Court on the scope of the power to be exercised in the matter of cancellation of bails, it is necessary to examine whether the order passed by the Sessions Court granting bail is perverse and suffers from infirmities which has resulted in the miscarriage of justice. No doubt, the Sessions Court di