O R D E R

This petition has been filed to quash the F.I.R. in Crime No.1 of 2020 registered by the first respondent police for the alleged offences punishable under Sections 408, 465, 471, 477A and 120B of IPC, as against the petitioner.

2. The case of the prosecution is that the petitioner, while serving as Secretary under the Ernahalli Primary Agricultural Co-operative Society, the petitioner and along with second accused, caused financial loss to the tune of Rs.12,71,027/- to the society. The petitioner and other accused have created fake jewel loan accounts, as if twelve members of the society pledged the jewels in the society and they have taken the loan amount. During audit, the said misappropriation of the petitioner was came to know, due to which, enquiry was conducted and by enquiry report dated 05.07.2016, it was found that the petitioner had misappropriated amount to the tune of Rs.12,71,027/- from the society. Hence the complaint.

3. Heard both sides and perused the materials available on record.

4. The learned counsel for the petitioner submitted that the petitioner has been made as a scapegoat in this case and none of the Co-operative members had lodged any complaint against him. Only on the basis of the enquiry report under Section 81 of Tamil Nadu Co-operative Societies Act, 1983, the present FIR has been registered as against the petitioner and another person. Further, the alleged occurrence took place in the year 2010, whereas the present FIR was registered on 19.03.2020. Even though FIR was registered based on the enquiry report under Section 81 of Tamil Nadu Co-operative Societies Act dated 05.07.2016, there is no explanation for the delay of four years for registration of FIR.

5. He further submitted that the entire loan amount along with interest has been paid to the society by the same members which shows that they themselves have availed loan and consequently disproves the findings of the Section 81 of the Tamil Nadu Co-operative Societies Act. He further submitted that the allegation made against the petitioner is that he has granted jewel loans, without obtaining any jewels. It is baseless because without help of the other officials, the same cannot be done by the petitioner. Therefore, there is no misappropriation and falsification of documents taken place.

6. On a perusal of the counter affidavit filed by the first respondent reveals that the petitioner is a Secretary and the second respondent is Assistant Secretary in Ernahalli Primary Agricultural Co-operative Society, they fabricated the records and falsification of accounts in their official function breaching the trust and embezzlement of amounts of the society to the tune of Rs.12,71,027/- through bogus jewel loan transactions of different persons. Therefore, enquiry was conducted under Section 81 of Tamil Nadu Co-operative Societies Act and as per the enquiry report, it is proved that their clandestine activities, breach of trust, fabrication of records and falsification of accounts in order to release the society's funds to a tune of Rs.12,71,027/- through bogus jewel loan transactions in the same society from twelve selected customers. In fact, they also availed loan in the names of dead persons. Therefore, the offence alleged under Sections

408, 465, 471, 477A and 120B of IPC as against the petitioner stood proved.

7. It is seen from the First Information Report that there are specific allegations as against the petitioner to attract the offences, which has to be investigated in depth. Further the FIR is not an encyclopedia and it need not contain all facts and it cannot be quashed in the threshold. This Court finds that the FIR discloses prima facie commission of cognizable offence and as such this Court cannot interfere with the investigation. The investigating machinery has to step in to investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code.

8. It is relevant to rely upon the judgment of the Hon'ble Su