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Bombay High CourtAPL/91/2017dismissed

Ramesh S/O. Barsu Kachane And Others v. State Of Maharashtra Thr. Police Station Officer Buldhana (City), Dist. Buldana And Another

2017-08-14Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

APL91-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 91/2017 (RAMESH BARSU KACHANE & OTHERS VERSUS STATE OF MAHARASHTRA & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.J. Thakkar, Counsel for the applicants. Shri K.R. Lule, Additional Public Prosecutor for the non-applicant no.1. CORAM : SMT. VASANTI A NAIK AND M.G. GIRATKAR, JJ.

DATE : AUGUST 14 , 2017.

By this criminal application, the applicants seek the quashing of the first information report in Crime No.123 of 2015 dated 06.06.2015 registered against the applicant for the offences punishable under Sections 420, 406 read with Section 34 of the Penal Code.

It appears on a reading of the first information report registered against the applicants that it is alleged that by joining hands with the directors of the Urban Cooperative Credit Society, the applicants had secured huge loan to the extent of nearly three crores and the said amount was not repaid by the applicants to the cooperative society. It is alleged that it was found that the directors of the credit society had illegally released huge amounts to the applicants towards loan without mortgaging the properties of the applicants and without securing proper security. It is alleged that the applicants had tendered false and fabricated documents with a view to secure loan from the directors.

APL91-17 In the face of the aforesaid allegations, it cannot be said that prima-facie the offences under Sections 420, 406 of the Penal Code cannot be made out.

In the result, the criminal application is dismissed. Order accordingly.

JUDGE JUDGE APTE