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Bombay High CourtWP/4170/2025disposed off

Soumya Vilekar v. The State Of Maharashtra And ORS

2025-08-14Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Gautam A. Ankhad3 pages

JYOTI RAJESH MANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

JYOTI RAJESH MANE Date: 2025.08.19 13:32:12 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4170 OF 2025 Soumya Vilekar .. Petitioner

Versus

The State Of Maharashtra And Ors .. Respondents Mr. Madhukar P. Dalvi a/w. Ms. Kamal Choudhary a/w. Ms. Disha Sharma i/b. Mr. Shivan S. Dube, for the Petitioner. Mr. Mayur Sonavane, APP for the Respondent-State. PSI Ajay Pawar of Mulund Police Station present. CORAM: RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.

DATE:

14th AUGUST, 2025 P. C.

1.

A marathon hearing is conducted in this matter. 2.

The learned APP has placed on record a compilation of 9 pages which are collectively marked as 'X' , for identification. 3.

Considering the statement of the learned APP made on instructions from PSI Shri. Ajay Pawar, present in the Court, that an FIR would 1/3

be registered on the basis of the complaint filed by the ABJ Advisory (a Lawyers Firm) on behalf of the present Petitioner Ms. Soumya Vilekar, that we are not adverting to all the submissions of the litigating parties. 4.

Suffice it to say that the Petitioner's precise case is that she has not signed on a Deed of Admission-cum-Retirement, dated 4th September 2023, which was purportedly notarised before the Notary Shri. Daulat Ahire on 23rd October 2023, bearing serial number 22505/2023 entry in the register. In a preliminary investigation by Respondent No.2, it is found from the said register maintained by Mr. Ahire that there is no signature of any person in the register against the said entry number.

5.

The Petitioner has recorded her statement on 25th June 2025, before the Police Sub-Inspector, Mulund Police Station, Mumbai, more specifically stating in the second and third paragraphs that she had not signed the said deed of Admission and Retirement. She admits her signature on the Deed of Admission and Retirement dated 15th January 2024, which is placed on record in this Petition at page Nos.30 to 33. It is by the said Deed that she has stepped out of the Partnership Firm. In her place, one Mr. Dhawal Jaysukhlal Shah, has entered as a partner.

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6.

Therefore, the grievance of the Petitioner is apparent from paragraph Nos.2 and 3 referred to in her statement, which indicates that two Banks are now pursuing her, keeping in view that loan of around Rs.50 Lakhs (from Axis Bank) and of Rs.35 Lakhs (from the Deustche Bank) has been taken by the Partnership firm. These Banks are now pursuing the Petitioner, though Mr. Akshay Bardapurkar is alleged to have taken the loans and is not repaying the said amounts. Prima facie, it is seen that the Petitioner does have a grievance which has the trappings of forgery. 7.

The learned APP submits on instructions from the investigating officer, that an FIR would be registered on 16th August, 2025. 8.

We would appreciate if the Investigating Officer carefully studies the complaint, though it has been lodged by the Petitioner's Advocate firm, and the statement of the Petitioner recorded on 25th June 2025, meticulously. Thereafter, he would invoke the appropriate Sections as are necessary, while registering the FIR.

9.

In view of the above statement, this Petition is disposed off. [GAUTAM A. ANKHAD, J.] [RAVINDRA V. GHUGE, J.] 3/3