IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CR.APPLN/5266/2010 PADMAKAR NATTHU WANI AND ORS V/S STATE OF MAHARASHTRA AND ANR ... Shri Vinod Patil, Advocate for applicant, Shri V.H.Dighe, APP for respondent No.1 and Shri Shaikh Naseer Advocate for respondent No.2. ... CORAM : K.U.CHANDIWAL,J. Dated : January 10, 2011 PER COURT :- 1. Heard respective counsel. 2. The financial embezzlement in Tapi Sahakari Patpedhi, Chopda has ensued in filing RCC No.274 of 2010 by the accused against its officials of Branches, including respondent No.2 (Kamalakar Puna Phalak). It is tried to be canvassed by Shri Patil, learned Advocate that as a counter blast to the said prosecution, present prosecution by way of a private complaint, wherein, learned Magistrate has directed investigation in terms of Section 156(3) of the Code of Criminal Procedure is contemplated. 3. During the course of submissions, learned APP also has informed that apart from the present prosecution, even an Auditor has named present accused/applicants in the subsequent report lodged to the police and pursuant thereto investigation is in progress. CR.APPLN/5266/2010 (2) 4. Considering the role of the present accused/applicants in the matter of complaint of respondent No.2, it is indeed vivid that they had no direct role and control on the Branch in the capacity of Chairman/Vice-Chairman and Chief Accounts Officer, where, the account of respondent No.2 was operated. There was a confusion about nature of deposit of Rs.9,90,000/- in the account of respondent No. 2. An explanation was sought from him. However, he did not inform the same as to whether he indeed deposited the amount in his account. There was a surreptitious withdrawal from the account of respondent No.2, which needs to be explained by concerned Branch Manager. For that purpose, the Chairman/Vice-Chairman and Chief Accounts Officer are not required to be detained. Hence the order. 5. In the event of arrest of the accused/applicants in RCC No.633 of 2010, pending before the Chief Judicial Magistrate, Jalgaon, they be released on their furnishing PR bond of Rs.15,000/- (Rs.Fifteen Thousand only/-) with one surety of like amount each. The accused/applicants shall not leave the jurisdiction of Jalgaon district without prior permission of the Court. They will surrender their passports before the Court. 6. Application is allowed to above extent. (K.U.CHANDIWAL, J.) ... akl