Bombay High CourtWP/1174/2015dismissed

Vinayak S/O Bhika Sagar v. The State Of Maharashtra And ORS

2016-02-25Hon'Ble Shri Justice M.T. Joshi2 pages

1 25-crwp1174-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1174 OF 2015 Vinayak s/o. Bhika Sagar ..Petitioner

Versus

The State of Maharashtra and ors.

..Respondents -- Mr.E.S.Murge, advocate for petitioners Mr.N.T.Bhagat, APP for respondent no.1 - State -- CORAM : M.T. JOSHI, J.

DATE : FEBRUARY 25, 2016 PER COURT :

Heard.

2] It is the contention of the petitioner/ complainant that respondent nos.2 and 3 have failed to repay the amount of hand-loan which was, allegedly, given during transaction.

3] The learned Judicial Magistrate F.C. as well as the learned Addl. Sessions Judge came to the

2 25-crwp1174-15.odt conclusion that it was a plain loan transaction and no offence punishable under Section 420 and 406 of Indian Penal Code was made out.

4] Upon perusal of the record and arguments advanced by learned counsel for the petitioner, in my view, no fault can be found with the orders passed by the Courts below.

5] Present Criminal Writ Petition is, therefore, dismissed. Liberty to the petitioner to pursue the civil remedy as per the law, is hereby granted. [M.T. JOSHI, J.] kbp