1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.19 OF 2009 1. Asha w/o Ramesh Raut, Age: 60 years, Occu.Household, r/o Bank of Baroda Colony, Balika-ashram Road, Ahmednagar. 2. Shekhar s/o Shankar Nevekar, Age: 54 years, Occu. Business, r/o. Gulmohar Road, Savedi, Ahmednagar. 3. Balasaheb Bhaurao Kadam, Age: 55 years, Occu. Business, r/o. Navi-Peth Corner, Ahmednagar. 4. Prakash s/o Pandharinath Shelke, Age: 45 years, Occu. Business, r/o. Burudgaon Road, Ahmednagar. 5. Bhagwantrao s/o Parvatrao Deshmukh, Age: 60 years, Occu. Business, r/o. Burudgaon Road, Ahmednagar. ...APPLICANTS (Ori.Accused Nos. 1, 3, 6 to 8) VERSIS 1. The State of Maharashtra. 2 2. Shri Ajitsing s/o Sardarsingh Bhinder, Age 73 years, Occu. Pensioner, r/o. B.No. 163, Gauravnagar, near PWD Office, Fakirwada, Ahmednagar. ...RESPONDENTS (Ori.complainants) ... Mr. V.S.Bedre, Adv., for the applicants. MR. P.M.Shinde, A.P.P., for respondent no.1. Mr. V.S.Badakh, Adv., for respondent no.2. ... CORAM: K.U.CHANDIWAL, J. DATE: 20/8/2009 ------------------------ ... P.C.: 1. Heard learned Counsel for the accused and original complainant. Rule. By consent of the parties, the matter is finally heard at admission stage. 2. The complainant and the accused are members of Manisha Sahakari Grihanirman Society, having 177 members. The society has availed financial facilities from Maharashtra State Housing Finance Corporation ( for the sake of brevity, hereinafter referred as MSHFC). Each of the member was advanced Rs.50,000/- as part of the housing loan. According to the complainant, he has made remittance to the society but, inspite of that, amount is not yet deposited with MSHFC and, 3 consequently, there is charge of said financial institution on the property which has not been released. 3. The complainant moved learned Judicial Magistrate, First Class, alleging infraction of Sections 406, 407, 408, 409 read with Section 34 of IPC which, by the order of the learned Judge, dt.19.8.2008, culminated into issuance of process in application No.933/2006. 4. Audit report of the society is annexed, not in dispute, as it relates to the period dt. 1.7.1990 to 31.3.1997. Clause A of the audit report says, there are no serious allegations or misappropriation by the society. Clause (4) ( internal page no.8 of the said report), while dealing with MSHFC, to the aspect of land deals, with following details. As per the balance sheet, an amount of Rs.43,49,600.55 seem to be due to the MSHFC, however, since the auditor could not get details of the remittance to the MSHFC, he held the liability to the same extent, as there is no balance certificate of State Financial institution at the record. However, the auditor observed, whatever is the amount in suspense account, it should be credited to the MSHFC and a no dues certificate to be obtained from them. 4 5. It is more than clear that the deposits allegedly made by the complainant herein, as member of the society, to the tune of Rs.76,568.30 is reflecting in the society's ledger for which credits are given to the complainant. In view of the policy of the financial institution, en block amounts of the members are deposited with the institution as could be seen from the record. 6. There is no ingredient to indicate infraction of Sections 406, 407, 408 and 408 of IPC. None of the petitioner has changed course of deposits for personal gain. There was no deception running in the mind of the accused/the office bearers of the society, from inception, to dupe the members. It is system of financial institution, which has invited the trouble. It is pertinent that, out of 177 members, complainant has only rushed to the Court. However, during the course of submission, Counsel informs, there are 15 cases in which the financial institution has so far not issued clearance certificate though the society has issued such clearance certificate. The fact remains, there is prima facie no offense that could be attributed to the accused/applicants in the capacity as office bearers of the society. The continuation of the process and proceedings against them will definitely tantamount to abuse of the process. The jurisdiction of this Court, 5 as sought to be implemented, under Section 482 of Cr.P.C. requires to be adhered to. The Court process should not be used as a tool for oppression for settling personal scores, to humiliate the office bearers. Consequently, the proceeding initiated against the office bearers of the Housing society by one of the member/complainant is quashed and set aside. Criminal Miscellaneous Application No. 933/2006 accordingly disposed of. Rule made absolutely accordingly. (K.U.CHANDIWAL) JUDGE ... agp/19-09crapl ...