1 Cri.A.2410.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2410 OF 2011 Abhijit Ashok Deshmukh, R/o Savda, Tq.Raver District Jalgaon. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENTS. ... Shri.A.I.Deshmukh, Advocate for Applicant. Shri.B.J.Sonwane, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 6TH JULY, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No. 03 of 2011, registered with Faizpur,Police Station,District Jalgaon, for the offence punishable under section 406, 408, 409, and 420 read with section 34 of the Indian Penal Code. 2. The crime is registered on the basis of report given by one Auditor, after making audit of the account of “Bamnod Gramin Sahakari Pat Sanstha Maryadit Bamnod, Tq. Yawal, District Jalgaon.” Audit was done in respect of year 2008 -2010. It transpired that Chairman, Directors, Manager and 2 Cri.A.2410.11 some borrowers had joined hands and loans were given without taking any security and it was also beyond limits of the society. The applicant is one of the borrower. There is allegation that an amount of Rs. 1.85 crores has been misappropriated by these persons. The report given by auditor dated 31.03.2009 shows that an amount of Rs. 6,70,353/- was outstanding against the present applicant and loan was given of huge amount without taking security. Loan was given in the year 2003. In this proceeding some receipts of deposit of installments of loan are produced. The installments were paid from August, 2009 till December, 2009. 3. Advocate for the applicant submitted that Society may take appropriate action against the borrowers under the provisions of Co- Operative Societies Act, but no coercive action can be taken as it was simple loan transaction. Aforesaid submissions made for the applicant cannot be accepted at this stage. Such incidents are increasing day by day and depositors are duped by the Director Board, Manger and borrowers. In such cases custodial interrogation is necessary. So, application cannot be allowed. Hence, application stands rejected. Sd/- [ T.V.NALAWADE, J.] MTK 3 Cri.A.2410.11