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Bombay High CourtAPPLN/3971/2016application allowed

Yogesh Sudhakar Shinde v. The State Of Maharashtra And ANR

2016-12-07Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice K. K. Sonawane2 pages

1 Cri.A-3971-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3971 OF 2016 Yogesh Sudhakar Shinde, Age: 34 years, Occu. Business, R/o 203, Zalta, Tq. And Dist.

Aurangabad.

...APPLICANT versus 1.

The State of Maharashtra Through Office in-charge of Mukundwadi PS, Ta. & Dist.

Aurangabad.

2.

Dharmendra S/o Chaganlal Parmar, Occu. Branch manager, Malkapur Bank Ltd., R/o Plot No. 1, First Floor, Muthiyan Tower, Mukundwadi, Aurangabad.

...RESPONDENTS .....

Mr. S.N. Landge, Advocate for applicant Mr. P.S. Patil, APP for respondent No. 1 - State Mr. N.T. Tribhuwan, Advocate for Respondent 2 ....

CORAM : S.S. SHINDE, AND K.K. SONAWANE, JJ.

DATED : 7th DECEMBER, 2016.

Order :

1.

This application is filed by Yogesh Sudhakar Shinde, who is guarantor for the term loan obtained by Mr. Pawandeepsing Mahendrasing Kohli and Tejindarkaur W/o Mahendrasing Kohli, who are the applicants in Criminal Application No. 5481 of 2016, for quashing first information report bearing crime No. I-858 of 2015 registered with Mukundwadi Police Station for the offence punishable under sections

2 Cri.A-3971-16 420, 199, 200 and 406 read with section 34 of the Indian Penal Code. 2.

Since the application filed by borrowers - applicants in Criminal Application No. 5481 of 2016 for quashing the aforesaid FIR is allowed by this court vide a separate order passed today, for the same reasons, present application also deserves to be allowed. 3.

Accordingly, the present application is allowed in terms of prayer clause "C" and the same stands disposed of.

Sd/- Sd/- [ K. K. SONAWANE, J.] [ S.S. SHINDE, J.] MTK