Santosh Dagdu Manjre v. The State Of Maharashtra And ANR

Dusane 1/2 32 wp 103.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.103 OF 2018 Shri. Santosh Dagdu Manjre ....

Petitioner Vs.

The State of Maharashtra ....

Respondent Mr. M.A. Choudhari a/w Ms. Kanchan Pawar for the Petitioner. Mr. R.M. Pethe, Additional P.P. for the Respondent-State. Coram : R.M. Savant AND Sarang V. Kotwal, JJ Date : 26th March, 2018 P.C.

The above petition has been filed for quashing of the F.I.R. bearing No.61 of 2017 dated 5th April 2017 registered with Govandi Police Station, for the offences punishable under Section 420 read with 34 of the Indian Penal Code. The learned counsel for the Petitioner sought to dwell into the factual aspects of the matter. The principal contention of the learned counsel for the Petitioner is that it is only after the Petitioner made a complaint sometime in June, 2016 that the F.I.R. in

Dusane 2/2 32 wp 103.2018 question was thereafter lodged in March, 2017. It is not possible for us to opine upon the veracity of the claim made by either of the parties in our writ jurisdiction. However, suffice it would be to state that the Petitioners claim that the cheques which were furnished to the Petitioner by the first informant i.e. the Respondent no.2 herein had bounced, the Petitioner has not taken steps in regard thereto. However, in so far as the Petitioner is concerned, it has come on record that the Petitioner had deposited substantial amounts in his account which were paid by the first informant, which has been recorded in the order rejecting the anticipatory bail application filed by the Petitioner. In our view, therefore no case for quashing of the F.I.R. in our writ jurisdiction is made out. The Writ Petition is accordingly dismissed.

(Sarang V. Kotwal, J.) (R.M. Savant, J.)