1 aba-31-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 31 OF 2022

Babbanrao S/o. Keshaorao Rokde

Vs.

State of Maharashtra

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Office Notes, Office Memoranda of

Court'

s or Judge'

s Order

Coram, appearances, Court'

s Orders

or directions and Registrar'

s order

Shri A. M. Ghare, Advocate for applicant.

Shri V. A. Thakre, APP for non-applicant/State.

CORAM :- SURENDRA P. TAVADE, J.

DATED :- 09.02.2022

The applicant has filed this application for

pre-arrest bail in connection with Crime No. 469/2021

registered with Ramnagar Police Station, Gondia for the

offence punishable under Sections 420, 409, 467, 468

and 471 read with Section 34 of the Indian Penal Code

read with Sections 3 and 4 of the Maharashtra Protection

of Interests of Depositors Act, 1999 (MPID Act).

2.

The Government Auditor- Aniruddha Joshi

lodged the First Information Report (FIR) against the

Chairman, Vice-Chairman and office bearer of the Sant

Narhari Sahkari Pat Sanstha, Gondia (in short, “the

Society”) for the above mentioned offences. The main

business of the Society was accepting the deposit from

small investors and depositors and to give loan to the

others. The applicant and other accused were Members

of the Management of the Society from 2009 to 2018.

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The applicant was one of the Directors of the Society.

3.

Prior to lodging of the FIR, there was

complaints from fixed depositors that they were not

receiving the interest as well as the amount of fixed

deposit. Hence, they had given complaint against the

Management to the police and District Deputy Registrar,

Co-operative Societies, Gondia and Sub-Registrar, Co-

operative Societies, Gondia. On the basis of the said

complaint, the District Deputy Registrar directed the

informant- Aniruddha Joshi, Auditor Grade-II, Co-

operative Societies, Gondia to carry out re-audit of the

Society for the period between 2015 to 2019.

Accordingly, the informant conducted re-audit of the

Society and submitted his report.

4.

As per the audit report, there is defalcation

of an amount of 57,91,103/-. The Auditor has passed

♣挗

strictures against the Board of Directors and held them

responsible for defalcated money. It is also observed in

the report that there were violations of the by-law of the

Society. There was mismanagement of the funds of the

Society and it is also observed that extra emoluments

were given to the staff members. Similarly, bogus loans

were disbursed and no efforts were made by the Board of

Directors for recovery of the loan amount hence, the

Society suffered loss and the investors and depositors

were not received the interest as well as their deposited

amount. It is also alleged that due to violation of bye-

laws, there was mismanagement of the funds of the

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Society and for which the entire Board of Directors were

held responsible. The Auditor has also observed that

entire record of the Society was not produced before it.

Similarly, balance-sheet was not properly maintained.

The Auditor has ascertained the actual investment of the

Society and came to conclusion that Board of Directors

were liable for the defalcation hence, he filed the FIR.

5.

On the other hand, the applicant submits

that he was Director of the Society but, he did not take

active part in the management of the Society. It is

contended that President and Vice-President of the

Society were managing the affairs of the Society. The

applicant has not done any act or overt act of defalcation

of the funds of the Society. It is contended that the

applicant and his family members had invested amount

as fixed deposit in the Society and that would show his

bonafides. It is contended that the applicant is suffering

from various deceases and he was not involved in the

defalcation of