Sachin Ramesh Chute v. State Of Maharashtra And ANR

SATISH RAMCHANDRA SANGAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR Date: 2022.10.14 09:48:43 +0530 CRIMINAL APPLICATION NO. 820 OF 2022 Sachin Ramesh Chute ...Applicant

Versus

The State of Maharashtra and Ors.

...Respondents

Mr.Dinesh P. Asdule, Advocate for the Applicant. Ms.S.D.Shinde, APP for the Respondent No.1-State. CORAM : REVATI MOHITE DERE & S. M. MODAK, JJ.

DATE : 10th OCTOBER 2022 P.C. :

1.

Heard the learned Counsel for the parties.

2.

By this Application, the applicant seeks quashing of the FIR, registered vide C.R. No. 88 of 2022 with the Warje Malwadi Police Station, Pune City, Pune, for the alleged offences punishable under Sections 406, 420, 468, 471 read with 34 of the Indian Penal Code.

3.

Learned Counsel for the applicant submits that the applicant was not residing with his sisters who are co-accused in 1/3

the aforesaid C.R. He submits that the applicant is presently in Netherland and had left for Netherland in 2020. He further submits that even otherwise, the applicant was working with a company by the name 'Informatica Business Solutions Private Limited', during the period from October, 2016 till March-2020 i.e. during the period when the alleged offence is stated to have taken place.

4.

Learned APP states, that investigation is presently going on.

5.

Perused the FIR. Prima facie, the allegations in the FIR, reveals the complicity of the applicant. The complainant has made allegations as against the applicant as well as his sisters who are co-accused in the said case. The complainant has clearly stated how she met the applicant, and how the applicant alongwith his sisters made a representation, pursuant to which, huge amount of money i.e. 16 lakhs odd was given by her, to the applicant's sisters. The applicant is stated to have made a representation to the complainant to invest money with his sisters.

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6.

Investigation is in progress. Keeping in mind the judgment of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra [2021 SCC online SCC SC 315] and the parameters within which, this Court under Section 482 of the Cr.P.C., can quash an FIR, we do not think that the petitioner's case is one such case, warranting interference under Section 482 of Cr.P.C., having regard to the allegations made by the complainant in the aforesaid FIR, as against the applicant. 7.

The Application is dismissed and accordingly disposed of. 8.

All the concerned parties to act on the authenticated copy of this order.

S. M. MODAK, J.

REVATI MOHITE DERE, J.

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