Taher Champeli And ANR. v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4825 OF 2017 Maneesh Bhanot and anr.

... Petitioners V/s.

The State of Maharashtra and ors.

... Respondents ---------------- Mr. H.S. Venegaokar i/b Mr. Tejas V. Dhotre for the Petitioners. Dr. F.R. Shaikh, APP for the Respondent - State. Mr. Ganesh M. Mohite for Respondent No.2 and 3. ---------------- WITH WRIT PETITION NO. 4520 OF 2018 Taher Champeli and anr.

... Petitioners V/s.

The State of Maharashtra and ors.

... Respondents ---------------- Mr. A.B. Thorat i/b Mr. Milind A. Telgote for the Petitioners. Dr. F.R. Shiakh, APP for the Respondent - State. Mr. Ganesh M. Mohite for Respondent No.2 and 3. ----------------

CORAM

:

B.P. DHARMADHIKARI & N.R. BORKAR, JJ.

DATE :

JANUARY 27, 2020.

P.C.

1] The petitioners and respondent No.3 as also deponent are present in both matters.

2] The petitioners total 4 in number and their employers are jointly before this Court for quashing and setting aside of 1/3

charge-sheet under sections 420, 408, 34 of Indian Penal Code and section 43(B) and 66 of Information Technology Act. 3] The consent afdavit of respondent No.3, who has fled complaint, is also tendered for said quashing by respondent No.2 company. Learned APP appears for respondent No.1State of Maharashtra. 4] The allegation against the petitioners is that they have deposited cheques received from the management for paying salary to the employees in some other accounts. It is alleged that accordingly, the total amount involved is Rs.31,08,320/-. 5] The petitioners in Writ Petition No. 4825 of 2017 are husband and wife then working as Manager and Manager operation. While the frst petitioner in Writ Petition No. 4520 of 2018 is the Accountant in that company, Petitioner No.2 in that petition is claimed to be friend of said Accountant, who has helped him in the matter.

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6] Investigation is already over and charge-sheet has been presented. However, there is no public angle to the matter. 7] In this situation, subject to the petitioners paying amount of Rs.50,000/- together to Police Welfare Fund of State of Maharashtra within 4 weeks from today, we make Rule absolute in terms of prayer clause (b) in both the matters.

8] Accordingly, both the petitions are disposed of. (N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) 3/3