Inderchand Jasraj Oswal And Another v. The State Of Maharashtra And Another

{1} 901 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3531 OF 2013 Inderchand Jasraj Oswal and another

Versus

The State of Maharashtra and another.

--- Advocate for applicants : Mr. N.B. Suryawanshi. APP for respondent : Mr. K.M. Suryawanshi Advocate for respondent No.2 : Mr. C.R. Deshpande. CORAM : T.V. NALAWADE & SMT. I.K. JAIN JJ.

DATE : 5TH MAY, 2015.

PER COURT:

1] The present proceeding is filed for quashing RCC No.36 of 2013 pending before the learned JMFC, Navarpur, District Nandurbar for the offence punishable under Sections 418, 420, 167, 120B and 34 of IPC, to the extent of present applicants. The applicants are the employees of one Dadasaheb Ramrao Patil Cooperative Bank, Navapur. Charge sheet is filed against the applicants/bank officers and one more accused - Mr. Sagar Champaklal Shah. Allegations are that the said Mr. Sagar Shah has cheated the respondent No.2 by saying that she had to stand as surety, but, actually, he prepared proposal for loan in the name of the respondent No.2 and accordingly loan was taken in the name of respondent No.2. The lady has filed an affidavit, which is to the effect that she has no grievance as against the present applicants who are officers of the bank and that the complainant lady has no objection for quashing the proceedings as against the present applicants. Criminal proceedings can go ahead as against accused No.1 - Sagar Shah.

2] In view of the affidavit filed and submissions made, the

{2} 901 sr. no..odt application is allowed. The proceedings in RCC No. 36 of 2013, pending in the Court of learned JMFC, Navapur, as against the applicants is quashed and set aside. The application is accordingly disposed of. [SMT. I.K. JAIN] [T.V. NALAWADE] JUDGE JUDGE.

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