Pritesh Shrungrushi Wade And Another v. The State Of Maharashtra, Through P.S.O. Yavatmal City Police Station, Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [ABA] No.621 of 2015 [Pritesh Shrungrushi Wade & another Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. A.A. Naik, Adv., for the applicants.

Ms. Mehta, APP for respondent.

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CORAM

:

A.B. CHAUDHARI, J.

DATE :

07th January, 2016.

Heard learned counsel for the rival parties. Perused the reply as well as record.

It is not in dispute that the complainant had taken a loan of Rs. 70,000-00 from a Private Ltd., Company, namely Mahindra Rural Housing Finance Ltd.. It is also not in dispute that the complainant was in default of the payment of installments to the Company. According to the prosecution, the incident, in question, took place on 9th October, 2015 and FIR came to be lodged for the first time on 9th November, 2015,

i.e., after one month, against the present applicants. The allegations that the complainant was assaulted and an amount of Rs. 5,000/- was removed and his signatures were taken on stamp papers do not appear to be credible prima facie. That being so, I make the following order:-

O R D E R

[a] Rule is made absolute in terms of the interim order dated 21st November, 2015.

[b] Applicants are directed to attend the concerned Police Station as and when called and to co-operate with the Investigating Officer.

Judge |hedau|