1 Criminal Application No.287/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.287 OF 2011 Chaitali Digamber Jawale ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENTS ..... Shri P.N. Kutti, Advocate for the applicant Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 28th January, 2011 PER COURT : 1. Heard. The accused/ applicant was Deputy Branch Manager at Ganesh Colony Branch of the Credit Cooperative Society. Several irregularities are pointed against her. However, the predominent therein is, from the account of Shri Falak Puna Motiram an amount of Rs.3,98,356/- is diverted on 15.11.2007 to the Saving Account No.34/439 to 34/448. However, without making deposits of said Cheten Falak, the amount was credited in the Account of Madhuri Chandrashekhar Attarde. Said Madhuri Attarde received the amount on 16.5.2008. On none of the voucher or slip the complainant has not signed authorising the Branch Manager Smt. 2 Criminal Application No.287/2011 Chaitali Digambar Jawale (applicant) to carry such withdrawal. The theory of resignation that has been coined will not be available as the transaction is of 15.11.2007 while the alleged resignation is of 2008. Several amounts are transferred from one account to other as has been enlisted by the complainant and even the auditor. For the present, the above stated facts do not call for exercise of powers under Section 438 of the Criminal Procedure Code. The application sans merits, rejected. Observations are prima facie. K.U. CHANDIWAL JUDGE fmp/cri287.11