Bombay High Court
Devendra Ghai vs The State Of Maharashtra And Anr on 6 June, 2023
Bench: Nitin W. Sambre, Sharmila U. Deshmukh
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1.WP.3168.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CRIMINAL JURISDICTION
WRIT PETITION NO. 3168 OF 2021
Mukul Bahiri ....PETITIONER
V/S
The State Of Maharashtra & Anr ....RESPONDENTS
WITH WRIT PETITION NO. 4433 OF 2021 Devendra Ghai ....PETITIONER V/S The State Of Maharashtra & Anr ....RESPONDENTS WITH WRIT PETITION NO. 1818 OF 2021 Surendra Rai ....PETITIONER V/S The State Of Maharashtra & Anr ....RESPONDENTS Mr. Anand Pai a/w. Adv. Pratik Kothari i/b. DMS Legal for the Petitioners in all the WPs Mr. Akash Singh a/w. Mr. Amit Dubey i/b. Adv. Ashok M. Sarogi for the Respondent No. 2 in all the WPs.
Mr. J. P. Yagnik, APP for the Respondent-State.
CORAM : NITIN W. SAMBRE & SHARMILA U. DESHMUKH, JJ DATED : 6th JUNE, 2023 P.C.:
1. The Respondent No. 2 on behalf of the Rashi Peripherals Pvt. ltd.
lodged a complaint against the the Petitioners alleging an offence of forgery, cheating, criminal breach of trust and criminal conspiracy punishable u/s. 406, 407, 408, 420, 465, 467, 468, 471 and 120(B) of IPC.
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1.WP.3168.2021.doc
2. It is the case of the complainant that his firm was cheated by the firm of which the Petitioners are directors to the tune of about Rs.9.00 Crs.
3. Subsequent to the filing of the present Petitions, the complainant Rashi Peripherals Pvt. Ltd. has entered into the settlement and accordingly the authorized person Mr. Ganesh Vitthal Limkar based on the resolution of authorization dated 30/04/2022 has extended consent for quashing. The said authorized person Mr. Ganesh Limkar is identified through his original Aadhaar Card bearing no. 200182037446.
4. The said Mr. Ganesh Limkar has informed to the Court that the complainant has no objection for quashing of the offence as they have amicably settled the matter.
5. Similar is the case in WP/4433/2021 & WP/1818/2021.
6. In view of the aforesaid, we deem it appropriate to allow the Writ Petitions and direct that the offences registered against the Petitioners being EOW Crime No. 71 of 2019 punishable u/s 406, 407, 408, 420, 465, 467, 468, 471 and 120(B) of IPC be hereby quashed and set aside as the consent extended will not achieve the result in continuing the prosecution against the Petitioners.
7. However, having regard to the fact that the investigation was carried pursuant to the complaint lodged by the Respondent No. 2 and the investigating machinery is put to use for the offence, which is being akn 2/3 ::: Uploaded on - 08/06/2023 ::: Downloaded on - 09/06/2023 05:55:39 ::: 3/3
1.WP.3168.2021.doc settled by the parties hereto, we deem it appropriate to direct each of the Petitioners to deposit an amount of Rs.50,000/- each with the Police Welfare Fund within a period of two weeks from today and to produce the acknowledgment in compliance of the present order in the present proceedings. Similarly, we also deem it appropriate to direct the Respondent No. 2-Rashi Peripherals Pvt. Ltd. to deposit an amount of Rs.25,000/- in each of the Petitions with the Police Welfare Fund and to produce the acknowledgment to that effect.
8. All the Petitions accordingly stand allowed subject to the aforesaid compliance of the order.
9. List the matters for compliance on 30/06/2023.
10. Needless to clarify that in case either of the parties to the Petitions fails to honour the condition as incorporated hereinabove of payment of cost, the order allowing the Petitions shall automatically stand recalled without further reference to the Court and the Petitions will be dismissed without further reference to the Court.
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