1 CR.APL NO.3291/2010 3294/2010, 3293/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 902. APPLN/3291/2010 SUNIL ARJUN JAWALE AND ANR [Criminal] V/S THE STATE OF MAHARASH TRA AND ORS 903. APPLN/3294/2010 JYOTI SUNIL JAWALE AND ANR [Criminal] V/S THE STATE OF MAHARASH TRA AND ORS 921. APPLN/3293/2010 SUNIL ARJUN JAWALE AND ANR [Criminal] V/S THE STATE OF MAHARASH TRA AND ORS -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. A.G.Talhar, Adv., for the applicants. Mr. K.M.Suryavanshi, Mr.V.H.Dighe, APP for respondent State. Mr.V.B.Patil, Adv., and Mr. D.D.Pokharkar, Adv., for respective respondents. ... CORAM: K.U.CHANDIWAL, J. DATE:6/4/2011 1. Heard finally. 2. The accused/applicants, allegedly, availed loan from the society. They are disputing these facts. Mr.Talhar submits that the accused holds barely half an acre land and it was mismanagement and understanding of the society with the complainant/the guarantor, the applicants are the victims of the situation. 2 CR.APL NO.3291/2010 3294/2010, 3293/2010 3. Mr.Patil submits, the liability of the accused/applicant is primarily established as certificates in terms of Section 101 of Maharashtra Cooperative Societies Act, 1960, are issued in favour of the society. Counsel representing original complainant submits that his client has been duped at the behest of the present applicants and also few members of the society as property of the complainant, without his knowledge, was shown to be under cloud of charge. 4. At this stage of the matter, since entire record is taken charge by the investigator, the accused/applicants, husband and wife, in all the three applications, hold immoveable property, no criminal record, they deserve protection. This is more so, as an undertaking is given by applicant Smt.Jyoti Sunil Jawale and her husband Sunil Arjun Jawale, to deposit an amount of Rs.1,00,000/- ( Rs. one lac), in each of the two loan accounts within three months from today. The applicant Sunil, who is present before this court, identified by Mr.Talhar, confirms the above position. 5. Needless to add, such deposition would be without prejudice to the rights of the society to recover additional amount, if any, from the borrower accused/applicants. ORDER (a) The interim protection dt.30th August, 3 CR.APL NO.3291/2010 3294/2010, 3293/2010 2010, in all the three matters is made absolute. In addition, pursuant to the undertaking, the applicant will deposit total Rs.2,00,000/- ( Rs. two lacs in the loan accounts of the society within three months from today. Such deposit would be without prejudice to rights of both the parties. Failure to entail in cancellation of discretion. (b) The accused/applicant shall also attend the investigator and/or the auditor for facilitating further documentation, if any, or disclosing special facts. Applications allowed in above terms. (K.U.CHANDIWAL) JUDGE ... AGP/3291-10craplgr