Siddharth S/O Devchand Wasnik v. The State Of Maharashtra Thr. Pso Hudkeshwar Nagpur And Another

Order 2102apl299.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APL] NO. 299 OF 2024.

Siddharth Devchand Wasnik -VERSUSState of Maharashtra and another.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Ms R.G. Nitnaware, Advocate for the Applicant. Shri M. Badar, A.P.P. for Non-applicant No.1. CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI , JJ.

DATE : FEBRUARY 21 , 2024.

Heard.

2.

This is an application seeking to quash the first information report bearing Crime No.702/2023 registered with Hudkeshwar Police Station, Nagpur for the offence punishable under Sections 406 and 420 of the Indian Penal Code. 3.

The informant owns a motor vehicle which he has assigned to the applicant on contract basis for three months on payment of determined monthly charges. It is the case of informant that Rgd.

Order 2102apl299.24 though for initial two months charges have been paid, but, there was outstanding dues of Rs.96,910/- as well as the vehicle was not returned, and therefore, the offence of breach of trust and cheating.

4.

It is further submitted that the vehicle was already seized by the finance company and sold to third person. According to the applicant, it is purely a dispute about recovery of arrears of vehicle charges.

5.

Issue notice to non-applicants, returnable on 12.04.2024. Learned A.P.P. waives notice for non-applicant no.1.

6.

In the meanwhile, though the prosecution may continue with their investigation, but, charge sheet should not be filed without obtaining prior permission of this Court.

JUDGE JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 22/02/2024 12:05:20 Rgd.