1 Cri.Appln.No.1207/2011 Since IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1207/2011 1) Dinkar Gangaram Mali & 2 Ors. - APPLICANTS VERSUS The State of Maharashtra. - RESPONDENT WITH CRIMINAL APPLICATION NO.1332/2011 Suklal Budho Dhangar. - APPLICANT VERSUS The State of Maharashtra - RESPONDENT ***** Mr.G.V.Wani, Advocate for Applicants; Mr.NB Patil, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 31st March, 2011. PER COURT : 1) Heard. The accused/applicants in Criminal Application No.1207 of 2011 were Directors of Dhanwardhini Cooperative Credit Society Varangaon, Tq. Bhusawal District Jalgaon 2 Cri.Appln.No.1207/2011 (hereinafter to be referred to as the society) during the period 2006-2007 and they have resigned on 3.6.2007. Audit of the said society was conducted for the period 2004-2005 and 2005-2006, however, no irregularities or illegalities were notice by the then Auditor. It was for the period 2006-2007, no audit was conducted till 2010. After the audit, notices were issued on 22.1.2011 in terms of Sections 81(3)(c) of the Maharashtra Cooperative Societies Act, 1960. The applicants were called upon to rectify the accounts within seven days. Said notices were received by them on 27.1.2011. The Counsel submits it was virtually difficult and impossible to comply with the requisitions or rectification sought in the said notices. An application was moved for extension of time to comply, however, it was not so granted and surruputiously on 10.02.2011, F.I.R. Is filed against these applicants. The Counsel further submits in most of 3 Cri.Appln.No.1207/2011 the cases recovery proceedings were initiated and even Certification in terms of Section 101 of the Maharashtra Cooperative Societies Act, 1960, has been obtained by the society. 2) The applicants had resigned from the post w.e.f. 3.6.2010 and they had no access to the record. Similarly, the applicants have not availed financial benefits from the affairs of mis-management in the society. During the course of submissions, on instructions, Mr. Wani submits, without prejudice to rights of the applicants, each of the applicants would deposit an amount of Rs.1,50,000/- (Rupees one lakh and fifty thousand) with the society within a month. The said statement of Mr.Wani is accepted. Hence, order. 3) In the event of arrest of the applicants/accused – 1) Dinkar Gangaram Mali; 2) Anil Purushottam Zambare; and 3) Sudhakar Baliram Jawle, in Crime No.14/2011 of Varangaon police 4 Cri.Appln.No.1207/2011 station, each one of them be released on their furnishing PR bond and a surety in the sum of Rs.15,000/- (Rupees fifteen thousand). The applicants Nos. 1 to 3 shall additionally pay an amount of Rs.1,50,000/- (Rupees one lakh and fifty thousand) directly with the said society up to 30th April, 2011. Failure to deposit the amount, protection granted today shall stand terminated. 4) Criminal Application No. 1207 of 2011 is allowed in above terms. 5) Heard Mr.Wani in Criminal Application No.1332 of 2011. On instructions, learned Counsel withdraws Criminal application No.1332 of 2011. Permitted, disposed of as withdrawn. ( K.U.CHANDIWAL ) JUDGE bdv/ 5 Cri.Appln.No.1207/2011