1 Criminal Application No.679/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.679 OF 2010 Harchand Shivram Bhangale ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri P.B. Shirsath, Advocate for applicant Shri D.R. Korde, A.P.P. for respondents ..... CORAM : K.U. CHANDIWAL, J. DATED : 22nd June, 2011. PER COURT : 1. Heard. The applicant desires to quash and set aside complaint R.C.C. No.115/2008, pending on the file of learned Judicial Magistrate, First Class, Raver for an offence punishable under Sections 406, 408, 409, 420, 120-B of the Indian Penal Code and for infraction of Sections 70(d), 73(1)(AB) of the Maharashtra Cooperative Societies Act, 1960 and Rule 1.16(4) (13) of Standard Bye-Laws arising out of Crime No.53/2008. Learned counsel submits that the accused/ applicant is quite aged, benedicted with Tamrapatra, being a freedom fighter. He 2 Criminal Application No.679/2010 has not availed any loan for personal benefit. The reinvestment in Sarvodaya Urban Cooperative Society during the period of his acting as Chairman, of an amount of Rs.18 Lakhs would not by itself invite prosecution. Counsel reiterates, the accused/ applicant has not availed any personal loan. 2. On perusal of the report of the auditor, which gave rise to prosecution against the accused/ applicant as Director, it is informed and not in controversy that, the accused/ applicant was the Vice Chairman of the Tapi Urban Cooperative Society Ltd., Savda, Taluka Raver at the relevant time when the audit was caused for the period 1st April 2005 to 31st March 2006. Though a explanation was given, but the chart showed that unauthorised disbursement of several lakhs of rupees belonging to the depositors was routed to the Credit Cooperative Societies, which had no worth and credit with. This has added a mist to the faith of the depositors in the Urban Cooperative Society, thereby their deposits are squeezed and diluted. The criminal intention primarily is, there was no authority in the accused/ applicant as Vice Chairman of the present society and Chairman of the Sarvodaya Urban Cooperative Society to divert the funds of the society to the other societies. The Maharashtra Cooperative Societies Act prohibits such transfer, without any appropriate permission from the competent authority. Several 3 Criminal Application No.679/2010 other instances are quoted by the complainant like non-securing proper guarantor, their worth is not verified, non-collecting proper documentation from the borrowers. Even based on incomplete loan documents the loans are disbursed. At this stage, it cannot be said that the accused/ applicant as Director or Vice Chairman, has no responsibility to said bungling. All the acts are done primarily with the benediction of the accused/ applicant and such scrapping only can be seized by continuation of the proceedings. The implacable act though was routinely done, will not dilute its effect owing to the age of the accused/ applicant or he being a freedom fighter. In the above situation, petition lacks merits, dismissed. (K.U. CHANDIWAL, J. ) fmp/cri679.10