← Library
Bombay High CourtABA/457/2020disposed off

Sandhya Dhanyakumar @ Dhanraj Choudhari v. State Of Maharashtra Thr. Officer-In-Charge Of Police Station Karanja, Dist. Washim

2021-01-04Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 aba457.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 457 OF 2020 ( Sandhya Dhanyakumar @ Dhanraj Choudhari ..vs.. State of Maharashtra, through PSO, PS Karanja, District Washim ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.R. Deshpande, Counsel for the applicant, Mr. N.R. Rode, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO, J.

DATED : 04-01-2021 Heard.

2.

The applicant and her husband, who is absconding, allegedly cheated the Adatiyas (brokers) by purchasing grains and not making the payment. 3.

The applicant, who is a teacher, also holds Trader's licence from APMC, Karanja Lad. She is not disputing that she is the ostensible proprietor of Om Enterprises and that she has signed at least some postdated cheques issued to the Adatiyas. 4.

However, the submission is that she was a nominal licence holder and the entire business was looked after by her husband, who is absconding. 5.

In order to demonstrate her bona fides, the applicant has deposited Rs.10,00,000/- (Rupees Ten Lac)

2 aba457.20 in this Court and she has no objection if this amount is transferred to the account of APMC, Karanja Lad for pro rata disbursement to the rightful claimants.

6.

Considering that the applicant-woman is a teacher and that her custodial interrogation may not be necessary, the interim protection granted vide order dated 19-5-2020 is made absolute.

7.

The registry shall transfer the amount of Rs.10,00,000/- (Rupees Ten Lac) in the account of the APMC, Karanja Lad within a week and APMC, Karanja Lad shall disburse the said amount on pro rata basis to the creditors within the next 30 (thirty) days. JUDGE adgokar