Bombay High Court
Pritpalsingh S/O Sonasingh Sethi vs State Of Mah., Thr. Pso Ps Buldhana City ... on 7 January, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
40-APL 526-20,874-19.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.526 OF 2020
Pritesh S/o Suresh Sancheti -Vs- State of Maharashtra and anr.
CRIMINAL APPLICATION (APL) NO.874 OF 2019
Pritpalsingh S/o Sonasingh Sethi -Vs- State of Maharashtra and anr.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.Ram Karode, counsel for the applicants..
Ms.N.P.Mehta,APP for non- applicant No.1 (in both matters).
CORAM : A.S.CHANDURKAR &
MRS.VRUSHALI V. JOSHI, JJ.
DATED : 07.01.2023.
1. Heard.
2. The applicants in both the applications have filed these applications under Section 482 of the Code of Criminal Procedure for quashing of the First Information report registered against both of them bearing FIR No.249 of 2019 and 250 of 2019 registered with Police Station Buldhana City, Tah. and Dist. Buldhana for an offence punishable under Section 39 of the Maharashtra Money Lending (Regulation) Act and Rules, 2014 (for short hereinafter referred to as the Money Lending Act,2014).
3. One Bhaurao Supdaji Natekar and Smt.Vimal Bhaurao Natekar both resident of Sundarkhed, Chikhali Road, Buldhana have filed the complaints before the Deputy Registrar, Buldhana alleging therein that there is Kavita ::: Uploaded on - 12/01/2023 ::: Downloaded on - 28/05/2023 06:18:40 ::: 40-APL 526-20,874-19.odt 2/4 money lending transaction between applicants and both of them. It is alleged that there is one agricultural land bearing Gat No.52, owned by the complainant and it has been taken by the applicants out of money lending transactions. On the complaint lodged by both of them, the crime is registered against both the applicants. The First Information Report is registered on 15.05.2019. The allegations against the applicants in both the applications are about money lending. On receiving the complaints, the District Deputy Registrar, Co-operative Societies, Buldhana on 31.05.2019 directed the Assistant Registrar Co-operative Society, Buldhana to make an enquiry and investigate the matter as per circular issued by the Special Registrar, Co-operative Societies, Maharashtra State, Pune. The Assistant Registrar without making any enquiry, as per circular dated 21.01.2014 directly lodged the complaint and First Information Report is registered under Section 39 of the Money Lending Act, 2014.
4. During the investigation, inspection of the house and guest house of the applicants was carried out on 26.04.2019. It is the grievance of the applicants that without any enquiry report, the First Information Report is registered. Some documents were seized during the inspection. The applicants have given the satisfactory reply to the said seizer during hearing. The counsel for the applicants has produced on record the enquiry report which is in favour of the applicants. As per said order in the enquiry dated 30.12.2019, the Assistant Registrar Kavita ::: Uploaded on - 12/01/2023 ::: Downloaded on - 28/05/2023 06:18:40 ::: 40-APL 526-20,874-19.odt 3/4 has declared that the said transaction was not of money lending and it is purely a dispute of civil nature. The learned counsel for the applicants would contend that as the First Information Report was registered even before conducting an enquiry, which is not as per Section 39 of the Money Lending Act, 2014 and as the enquiry officer has passed an order declaring that the said transaction was not of money lending the First Information Report lodged against the applicants be quashed and set aside.
5. Learned APP opposed the applications stating that during enquiry in house search the documents like blank stamp papers, letters, cheque books of account were seized, which prima facie shows applicants involvement in money lending business, therefore, rightly the First Information Report has been registered. Hence, prayed to reject the application.
6. We have perused the documents filed on record and the order passed by the Assistant Registrar in enquiry proceedings. The Assistant Registrar, Buldhana has passed an order and declared that the transaction about which the complainants have lodged the complaints, is not of money lending and he has specifically stated that the dispute between both the parties is about the property and it is of civil nature.
7. Without conducting enquiry and without the enquiry report, First Information Report is being lodged. The civil transaction is proved between the parties. Civil litigations are pending against each other. As the Kavita ::: Uploaded on - 12/01/2023 ::: Downloaded on - 28/05/2023 06:18:40 ::: 40-APL 526-20,874-19.odt 4/4 transaction is of civil nature and is proved by one of the competent authorities, the First Information Reports registered against the applicants are required to be quashed. Hence, the following order:-
8. Both the criminal applications are allowed. The First Information Report Nos. 249 of 2019 and 250 of 2019, registered by the Non applicant No.1, Police Station, Buldhana City, Tah. and District, Buldhana on 15/05/2019 for the offence punishable under Section 39 of Maharashtra Money Lending (Regulation) Act and Rules, 2014 against the applicants are quashed and set aside.
JUDGE JUDGE
Kavita
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