vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2253 OF 2007 WRIT PETITION NO.2253 OF 2007 WRIT PETITION NO.2253 OF 2007 Jineshwar Co-op. Credit Society Ltd. ... Petitioner V/s. The State of Maharashtra & Anr ... Respondent Mr.A.S. Desai for Petitioner Mr.P.A. Pol, APP, for Respondent-State Ms.A.J. Mane for Respondent No.2 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: APRIL 28, 2008 APRIL 28, 2008 APRIL 28, 2008 P.C.: P.C.: P.C.: . This petition has been filed by a Credit Co-operative Society which according to the State has committed offences under the MPID Act. The trial against the Society and its office bearers is pending under the provisions of the MPID Act as well as u/s 420 r/w section 34 of the Indian Penal Code. This petition has been filed against the order passed by the Sessions Court rejecting the petitioner’s application for return of property on 21.6.2006. The main contention raised by the learned advocate for the petitioner is that the amount of Rs.13 lacs is lying idle in the bank and the investors are being deprived of this amount. Reliance is placed on the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai v/s. State of Gujarat, AIR 2003 SC 638 AIR 2003 SC 638 AIR 2003 SC 638 in support of his submissions that the : 2 : amount be returned to the society in order to disburse it to the depositors. 2. In my view, such an order is not necessary. The Sessions Court has rightly refused to return to the Petitioner the property i.e. the cash amount of Rs.13 lacs which is now invested in a nationalised bank. Therefore, if the depositors are aggrieved, they may always file proper applications before appropriate forum for release of this amount. Writ petition is rejected.