Rajesh Babu Kothadiya v. The State Of Maharashtra And ORS

1 /2APL-20-15-904 Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPEALLATE JURISDICTION CRIMINAL APPLICATION NO. 20 OF 2015 Rajesh Babu Kothadiya ....Applicant.

vs.

The State Govt. of Maharashtra & ors.

...Respondents.

Ms. Lucy Massey with Shivkumar Mishra i/by V. S. Jabra for the Applicant.

Mrs. M.M. Deshmukh, APP. for the State.

Mr. Rakesh Kumar Singh for Respondent No.3.

CORAM: SHRI RANJIT MORE & A.S.GADKARI, J.

DATE : 01st August, 2017 P.C.

1.

Heard learned counsel for the petitioner, learned APP and learned counsel for Respondent No.3. 2.

This application is filed for quashing of the FIR No.40 of 2014 registered with Bandra Police Station at the instance of respondent No.3 for the offences punishable under Sections- 420, 406, 466, 468, 504, 506(2) read with 34 of the Indian Penal Code.

3.

A copy of the FIR is annexed at Exhibit-A. We have gone through the same. The FIR discloses that the applicant accepted an amount of Rs.20,00,000/- from the complainant with the promise that he will give one premises admeasuring about 1000 sq.ft. at Varsova. Subsequently, he learnt that the applicant sold the subject

2 /2APL-20-15-904 premises to third person and thereby deceived the complainant. The FIR also discloses that subsequently the applicant issued two cheques in favour of respondent No.3-complainant for an amount of Rs.12,50,000/- each however he was asked not to deposit the same in the bank. 4.

In our view, the FIR prima facie discloses commission of cognizable offence against the applicant and therefore, we are not inclined to entertain the application and the same is accordingly dismissed. (A.S.GADKARI, J.) (RANJIT MORE, J.)