Dcb Bank Limited And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4944 OF 2024 DCB Bank Limited and Ors.

...Petitioners

by SATISH RAMCHANDRA SANGAR Date:

2025.07.03 10:35:56 +0530 SATISH RAMCHANDRA SANGAR V/s.

The State of Maharashtra and Anr.

...Respondents

WITH CRIMINAL WRIT PETITION NO.4951 OF 2024 Amyn Jassani

...Petitioner

V/s.

The State of Maharashtra and Anr.

...Respondents

***** Mr.Karan Kadam a/w Mr.Ajay Deshmane i/b. V. Deshpande & Company:- Advocates for Petitioners.

Ms.Sangita E. Phad:- APP for Respondent No.1-State.

Mr.Aniket Ghanekar:- Advocate for Respondent No.2.

Mr.Nitin Mhaske:- Respondent No.2 present through V.C.

*****

CORAM

:

S. M. MODAK, J.

DATE :

30th JUNE 2025 P. C. :- 1.

Heard learned Advocate Shri.Kadam for the Petitioners and learned Advocate for the Respondent No.2. Also heard learned APP. 1/3

2.

The Respondent No.2 is present virtually. He has filed an Affidavit affirming the settlement of the dispute with the Bank. He has received the money. Those details are given in the Affidavit. He is consenting for quashing the order of issuing the process. 3.

Learned Judicial Magistrate First Class - Satara has issued a process on 8th August 2023 for the offences punishable under Sections 420, 464, 468 of Indian Penal Code, 1860 ("IPC"). The Complainant tried to move before the Magistrate Court and for withdrawal of the Complaint on the basis of the settlement. However, it is rejected on 12th September 2024. The process was issued on the basis of a private complaint filed by the Respondent No.2.

4.

Now, the matter is settled and the Complainant does not want to prosecute further. No purpose will be served by keeping the prosecution pending. This is a private dispute amongst the parties. The society is not involved. Hence, the Petitions need to be allowed. Hence, the following order:-

O R D E R

(i) The order of issuance of process dated 8th August 2023 is set aside.

(ii) The Complaint stands dismissed.

2/3

5.

In view of the above, both the Writ Petitions are disposed of. [S. M. MODAK, J.] 3/3