Jivraj Jethalal Patel v. The State Of Maharashtra, Thr. Pso Police Station Vasantnagar, Dist. Yavatmal And Another

1 17.apl.1481.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1481 OF 2024 Jivraj s/o Jethalal Patel ..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Akshay Joshi Advocate for the applicant. Ms N. Mehta, Addl.P.P. for the State.

CORAM: VINAY JOSHI AND SMT. M.S. JAWALKAR, JJ. DATED : 11/10/2024.

Heard.

2.

This is an application seeking to quash the First Information Report No.241 of 2024 registered with the Vasant Nagar Police Station, District Yavatmal for the offence punishable under Sections 420 and 468 of the Indian Penal Code, 1860.

3.

The informant is a Trader indulging into supplying agricultural equipment. It is the informant' case that, he has obtained a Dealership of the agricultural implements supplied by the manufacturer i.e. Aakash Industries run by the applicant. The informant would submit that the applicant has prepared forged and fabricated bills and stalled false monetary claim, and therefore, the offence.

4.

Learned Counsel for the applicant would submit that the informant a Dealer has not paid the bill amount and as there was huge dues, the applicant has approached to the Facilitation Council Raipur, who has

2 17.apl.1481.2024 passed an order of payment against the informant on 29.11.2022. The said order was challenged by the informant by way of Writ Petition before the Chattisgarh High Court Bench at Bilaspur, however the petition was dismissed.

5.

Learned Counsel for the applicant would submit that the aspect regarding the disputed claim was already decided by the Council, which was affirmed in writ, and therefore, by suppressing the facts, false report has been lodged.

6.

Issue notice to the respondents, returnable after six weeks. Learned Addl.P.P. waives notice on behalf of the State.

7.

In the meantime, investigation may go on but charge-sheet shall not be filed without obtaining leave of this Court.

(SMT. M.S. JAWALKAR , J.

) (VINAY JOSHI, J.) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 11/10/2024 15:38:09