| Citation(s) |
|---|
| 2010 SLG 2700 2010 SLD 2700 2010 PLD 204 |
Sindh High Court
Criminal Miscellaneous Application No. 219 of 2009, decided on 8th March, 2010
MUHAMMAD ALI MAZHAR, J
Sikandar Khan for Applicants.
Criminal Miscellaneous Application No. 219 of 2009, decided on 8th March, 2010
MUHAMMAD ALI MAZHAR, J
Sikandar Khan for Applicants.
MOULA BUX and another--Applicants
VS
THE STATE
Law:
Section:
(a) Co-operative Societies Act (VII of 1925)--- ----Ss. 63, 65-B & 70-A---Penal Code (XLV of 1860), Ss.406, 409, 420 & 477-A---Criminal Procedure Code (V of 1898), Ss. 561-A & 249-A---Misappropriation and embezzlement of funds---Quashing of order, application for---Applicants accused who were convicted and sentenced on charges of misappropriation and embezzlement of the funds of the Society, filed application under S.249-A, Cr.P.C. for their acquittal---Said application having been dismissed, accused had filed application under S.561-A, Cr.P.C. for quashing of order of the Trial Court---Counsel for applicants had contended that Trial Court had no jurisdiction to take the cognizance in the matter against the applicants as cognizance was only possible on complaint in writing made by the Registrar of the Co-operation Society or by a person duly authorized for the purpose---Contention was repelled as under S.63 of Co-operative Societies Act, 1925, for the cognizance of offences punishable under said Act, the Act did not give general amnesty or immunity to the officers of Co-operative Societies not to be tried under any other law---Bar contained under S.70-A of Co-operative Societies Act, 1925 was only applicable to the matters in which the Provincial Government, the Registrar or his nominee, any arbitrator or liquidator, a Society, a Financing Bank, a Co-operative Bank or any other person as empowered by or under Co-operative Societies Act, 1925 or the rules or bye-laws framed thereunder to dispose of or to determine---Under S.63 or S.70-A of the Co-operative Societies Act, 1925 the officers of Co-operative Societies could be tried under the provisions of Penal Code, in case they committed any offence in discharge of their duties---Under S.65-B of Co-operative Societies Act, 1925 every officer of a Society, including a Co-operative Bank, would be deemed to be a public servant within the meaning of S.21, P.P.C.---Trial Court had rightly dismissed the application filed by the applicants for their acquittal under S.249-A, P.P.C.---Impugned order not requiring any interference, application for quashing of order was dismissed, in circumstances. PLD 1992 Kar.…
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