Ghanshyam S/O Jivanlal Kharpuria And 2 Others v. State Of Mah. Thr. Pso Sadar Nagpur

1 22 apl 1278.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1278 OF 2021 Ghanshyam s/o Jivanlal Kharpuria and ors.

..vs..

State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.G. Karmarkar, Advocate for the applicants. Shri S.M. Ukey, A.P.P. for non-applicant/State. CORAM :

VINAY JOSHI, J .

DATED :

14/06/2022.

Heard.

2.

This is an application seeking to quash the private complaint bearing R.C.C. No. 209 of 2014 to the extent of applicant nos. 2 and 3. The said private complaint was filed by applicant no.1 Ghanshyam Kharpuria against in all seven accused, out of which accused nos. 2 and 3 are applicant nos. 2 and 3 and present applicant no. 1 is original complainant. It is a case of cheating and forgery.

3.

It is submitted that applicant nos. 2 and 3 have settled the dispute with applicant no. 1 by paying amount of Rs.8 lakhs which were allegedly cheated. In view of that, applicant no.1 i.e. original complainant do not want to proceed further against applicant nos.2 and 3.

4.

It is informed that in the Trial Court the evidence is partially recorded and the trial is in progress. Since this is a joint application, there is no

2 22 apl 1278.2021 reason to doubt the contents of this application. The dispute is of private nature.

5.

Having regard to the above facts, the complaint is quashed to the extent of applicant nos. 2 and 3. The Trial shall proceed further as regards to rest of the accused.

6.

The application is allowed and disposed of in the above terms.

(VINAY JOSHI, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 14.06.2022 17:06