Dr. Vijaysinh Vasantrao Pawar v. Branch Manager And ANR

1 28b) alp515-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.515 OF 2019 (FOR LEAVE) Dr. Vijaysinha Vasantrao Pawar ..Applicant.

V/s.

Branch Manager & Anr.

..Respondents.

Mr.Sarang S. Aradhye for the applicant.

Mr.Jitendra Sirsagar for respondent No.1.

Mr.S.V.Gavand, APP for the respondent-State.

CORAM : NITIN W.SAMBRE, J.

DATE : DECEMBER 6, 2019 P.C. :- Heard Mr.Sarang Aradhye, learned for the applicant at length and Mr.Jitendra Sirsagar for respondent No.1-bank. 2.

Perused the application for grant of leave to appeal. 3.

The application came to be dismissed by the learned Magistrate on the ground that the complainant has not taken further steps.

4.

Perused the complaint. When confronted on the issue of maintainability of the complaint as the accused shown in the complaint is not an individual who can be convicted and

2 28b) alp515-19.doc sentenced to undergo imprisonment. Mr.Aradhye has tried his level best to convince and persuade this Court that the Court can impose fne on the accused.

5.

The post of the Bank Manager cannot be termed as a juristic person so as to convict and recover fne. 6.

The ofence ought to have been directed against an individual who has committed such act, as has been alleged. 7.

As such, the complaint itself is misdirected. That being so, leave stands refused.

8.

At this stage, Mr.Aradhye, learned counsel for the applicant seeks liberty to initiate fresh proceedings against the person who is responsible for commission of the alleged ofence.

9.

If law permits, it is open for the applicant to take out fresh proceedings (in accordance with law). (NITIN W.SAMBRE, J.)