[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3859 OF 2008 Shri.Subhash Prataprao Pawar ..Applicant Vs. The State of Maharashtra and Anr. ..Respondents .... Mr.Rajeev Patil Senior Advocate i/b Mr.Deepak Shinde Adv. for Applicant Ms.A.A.Mane APP for State .... WITH CRIMINAL APPLN.NO.3334 OF 2008 Shri.Ganesh Ramchandra Konde and one Anr. ..Applicants Vs. The State of Maharashtra and Anr. ..Respondents .... Mr.K.S.Patil Adv. i/b Mr.Deepak Shinde Adv.for Applicants Ms.A.A.Mane APP for State .... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 8, 2008 DATE : DECEMBER 8, 2008 DATE : DECEMBER 8, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. Criminal Application No. 3859 of 2008 has been filed by the applicant-original accused no.21 and Criminal Application No.3334 of 2008 has been filed [-2-] by original accused nos. 10 and 14. The applicants are seeking quashing of FIR No.304 of 2008 of Sahkar Nagar Police Station Pune presently being investigated by EOW, Crime Branch, Pune. The learned advocate for the applicants states that as far as applicant Ganesh Konde is concerned, he is not pressing this application and he seeks liberty to file appropriate proceedings at a later stage. Hence, Criminal Application No.3334 of 2008 is being considered only in respect of applicant-Vijay Mukutrao Konde who is original accused no.14. 3. Both the applicants i.e. original accused nos.21 and 14 were directors of Ajit Sahkari Bank at Pune. The Special Auditor filed complaint against in all 23 accused including the applicants. It is alleged that there was misappropriation of funds and siphoning of funds by the applicants amounting to Rs.7,54,59,930/-. The misappropriation is alleged against all the 23 accused. Complaint shows that several bogus loan accounts were opened in the bank by Kishor Kunjir and others and huge loan amounts were sanctioned in favour of various persons without following any Rules or Regulations. [-3-] 4. The learned APP states that investigation in respect of the present applicants is over but the charge sheet is not filed because the main accused Rajendra Konde and Vilas Surnobat have not been arrested. The learned APP has filed a detailed affidavit. A chart has been annexed to the affidavit showing the role of the accused persons. In all 40 loans were given without following necessary Rules and Regulations. Details of the said 40 loans have been annexed in the chart which is annexed to the affidavit. As per the chart, it is seen that none of the present two applicants were present in any meeting wherein decision to disburse the loan amounts was taken. It is further seen that both these applicants were neither proposers nor seconders for any of the loans. Thus, it is seen that applicants were not instrumental in any way in the disbursement of these loans. No material has been collected by the prosecution in respect of these two applicants. In this view of the matter, FIR No.304 of 2008 of Sahkar Nagar Police Station, Pune and proceedings relating thereto against applicant-Subhash Prataprao Pawar and applicant-Vijay Mukutrao Konde, are quashed. [-4-] 5. Applications are disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]