Bombay High Court
Anup Niranjan Dodiya And Others vs State Of Maharashtra Thr. Police ... on 3 September, 2018
Author: Ravi K. Deshpande
Bench: Ravi K. Deshpande
0309apl654.18.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.654/2018
Anup Niranjan Dodiya and others
...Versus...
State of Maharashtra, through Police Station City Kotwali, Akola and another
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri Anil Mardikar, Senior Counsel with Shri S.G. Joshi, Counsel for applicants
CORAM : R.K. DESHPANDE AND
ARUN D. UPADHYE, JJ.
DATE : 03/09/2018 Heard Shri Anil Mardikar, learned Senior Counsel assisted by Shri S.G. Joshi, learned Counsel for the applicants.
The offences under Sections 420, 468, 471 and 120-B of the Indian Penal Code read with Sections 39 and 45 of the Maharashtra Money-Lending (Regulation) Act, 2014 are registered vide F.I.R. No.242/2017 on 16/11/2017 against the applicants.
The complainant, who is the respondent no.2 in the present criminal application, issued cheques in the name of the applicants, said to be towards discharge of liability. The same were deposited by the applicants and found ::: Uploaded on - 05/09/2018 ::: Downloaded on - 06/09/2018 01:12:03 ::: 0309apl654.18.odt 2 subsequently to be dishonoured. Hence, notice was issued to the complainant on 20/9/2017 under Section 138 of the Negotiable Instruments Act, which was replied on 17/10/2017. Thereafter, the complaint was filed to prosecute the complainant - respondent no.2 for the offence punishable under Section 138 of the Negotiable Instruments Act. It is alleged that by way of counter-blast, the present F.I.R. is lodged on 16/11/2017, particularly when there is a declaration by the competent authority under the Maharashtra Money-Lending (Regulation) Act that the transactions made by cheques which are dishonoured, are not illegal money lending transactions.
Prima facie, a case is made out for registration of the offences. Issue notice for final disposal of the matter, returnable on 15/10/2018.
Learned Additional Public Prosecutor Shri H.R. Dhumale waives service of notice for the respondent no.1.
Investigation may go on. However, the charge- sheet shall not be filed.
(Arun D. Upadhye, J.) (R.K. Deshpande, J.) Wadkar, P.S. ::: Uploaded on - 05/09/2018 ::: Downloaded on - 06/09/2018 01:12:03 :::