Jitendra Madansing Jadeja v. The State Of Maharashtra And ANR.

rsk 1/2 10-WP-3510-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3510 OF 2018 Jitendra Madansingh Jadeja

...Petitioner

vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr. Prajit S. Manjrekar a/w Mr. Sanjay Narvankar for the Petitioner. Mr. K. V. Saste, APP for the Respondent/State. Mr. Kiran S. Mohite for Respondent No.2.

Mr. Vijay D. Taide, Bank Manager present.

---- CORAM : B. P. DHARMADHIKARI & N. R. BORKAR, JJ.

DATE : 3/2/2020.

P.C.:

.

The petitioner a borrower seeks quashing of charge-sheet filed under sections 465, 467, 469, 471, 420 read with 34 of IPC against him, the valuer and other customers. The contention is the entire loan borrowed against hypothecated gold is repaid by the petitioner. 2.

Learned APP submits that there was conspiracy between the petitioner and the valuer and the metal (not gold) was deposited as gold in bank and against that security, loan was obtained. 3.

The respondent Bank has tendered an affidavit of one Vijay Taide who is Branch Manager of Mumbai District Central Co-op Bank Ltd., Paltan Road Branch, Mumbai and Resolution No.38 dated 2/7/2018 of its Board of Directors. Bank has given no objection for quashing of chargesheet.

rsk 2/2 10-WP-3510-18.doc 4.

As collusion with valuer seriously affects recovery and business of bank, we are not inclined to intervene in extraordinary jurisdiction. We keep all contentions of the petitioner open and dispose of the present petition. No costs.

(N. R. BORKAR, J.) (B. P. DHARMADHIKARI, J.)