901-WP-4361-2016.doc N.S.Kamble IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CR. WRIT PETITION NO. 4361 OF 2016 Balchandra Shankar Khade And Anr … Petitioners Versus State Of Maharashtra … Respondent ____________________________________________________________ Mr.Yuvraj P. Narvankar, for the Petitioners. Mr.B.B. Kulkarni, APP for Respondent-State. Mr.Mahesh Chavan, PSI, Wagle Estate Police Station. ____________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 2nd APRIL 2026 P.C. : . The challenge in this Petition is to the impugned order passed by the learned Additional Sessions Judge, Thane dated 3rd September 2016 whereby the learned Sessions Judge has confirmed the order of 13th Judicial Magistrate First Class, Thane, thereby rejecting the discharge Application of the Petitioners. 2. It is contention of learned counsel for the Petitioners that the Petitioners are bank employees and original Accused in RCC No.229 and 229- A of 1997. The learned counsel further submitted that it is alleged that the office bearers and staff of the Primary Teachers Co-operative Credit Society, NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2026.04.08 10:40:53 +0530 901-WP-4361-2016.doc N.S.Kamble Thane, misappropriated the amount by preparing false list of members of said society, disbursed loans to these members and misappropriated the amount. Accordingly, the offence was registered against them. 3. The allegations against the Petitioners are that they failed to verify as to how the amounts were repeatedly being credited in bank accounts in the name of members of the Society. The learned counsel further submitted that the Preliminary Enquiry is done by the bank. In the said Enquiry, no fault of Petitioners found. The learned counsel further submitted that the main allegations are against the co-accused. The Petitioners were never involved in it, but these facts are not considered by the Courts below and have passed impugned order, which is erroneous and requested to allow the Petition. 4. It is contention of learned APP that, the Petitioners were bank employees. The co-accused committed misappropriation of funds of the Teachers Credit Society and the said amounts were deposited in the bank account of its members. It was the duty of the Petitioners to see how the said loan amount was credited repeatedly in the accounts of particular members of the society, but it was not done, it shows their involvement in the crime. To prove their innocence, trial is required. The learned Sessions Judge has passed well reasoned order and no interference is required in it and requested to to reject the Application. 5. I have heard both learned counsel. Perused impugned order, 901-WP-4361-2016.doc N.S.Kamble charge-sheet and documents produced on record. 6. The main allegations against the co-accused i.e. office bearers, teachers and staff of the credit society who misappropriated the amount. The allegations against the Petitioners are that being bank officers, they should have supervised the bogus loan transactions. In my view, the Petitioners were not aware about the members of the Teachers Credit Society, so they could not have to know the bogus members and the real members. No documents produced on record to show that they were involved in crime, but these facts are not considered by the learned Sessions Judge while passing impugned order. The Thane District Central Co-operative Bank conducted Enquiry against the Petitioners and in the said Enquiry, Applicants were held not guilty. 7. Considering these facts, I pass following order. ORDER (i) The Petition is allowed. (ii) The impugned order passed by the learned Additional Sessions Judge, Thane dated 3rd September 2016 in Criminal Revision No.163 of 2014 is quashed and set aside. (iii) The Applicants are discharged in Crime No.193 of 1995 from the offences punishable under Sections 403, 409, 465, 466 and 417 read with Section 34 of the Indian Penal Code. 901-WP-4361-2016.doc N.S.Kamble (iv) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)