Anil Sahebrao More And Ors vs Pradip Ganpatrao Girdhari
2016 Latest Caselaw 6786 Bom

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                                                             905 CRI. WRIT PETITION NO.456 OF 2007.odt


            nadeemTHE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.




                                                                                      
                      CRIMINAL WRIT PETITION NO. 456 OF 2007




                                                              
    1)        Anil s/o Sahebrao More,
              Age: 35 years, Occ: Agri.,




                                                             
              R/o: Chinchtakali, Taluka Gangakhed,
              District Parbhani.

    2)        Sudhakar s/o Sahebrao More,




                                                
              Age: 30 years, Occ: Agri.,
              R/o: Chinchtakali, Taluka Gangakhed,


    3)
              District Parbhani.
                                 
              Sahebrao s/o Nagorao More,
              Age: 54 years, Occ: Agri.,
                                
              R/o: Chinchtakali, Taluka Gangakhed,
              District Parbhani.                                   ... PETITIONERS
      

                      V E R S U S
   



    Pradip s/o Ganpatrao Girdhari,
    Age: 51 years, Occ: Special Recovery Officer,
    District Central Co.Operative Bank Ltd.
    Parbhani, District Parbhani.                                   ... RESPONDENT





                                         ...
    Mr. Milind Patil (Beedkar), Advocate for the Petitioners.
    Mr. A. T. Ghute, Advocate for the Respondent.





                                         ...

                                                    CORAM  : V. K. JADHAV, J.

                                                    DATE     : 30th November, 2016.

    ORAL JUDGMENT: 
     
    .                 By   this   criminal   writ   petition,   the   Petitioners   /   original






                                                       905 CRI. WRIT PETITION NO.456 OF 2007.odt

Accused seek to quash and set aside the order dated 13 th July, 2007,

passed by the learned Additional Sessions Judge, Gangakhed in

Criminal Revision No.4 of 2007, confirming thereby the order passed

by IIIrd Judicial Magistrate First Class, Gangakhed, in R.C.C. No.4 of

2007 dated 8th May, 2007, issuing thereby the process against the

Petitioners / original Accused. Further, the Petitioners also seek to

quash and set aside the proceedings in R.C.C. No.4 of 2007, pending

in the Court of IIIrd Judicial Magistrate First Class, Gangakhed.

2 Brief facts giving rise to the present criminal writ petition

are as follows:

The Petitioners are the original Accused in R.C.C.

No.4 of 2007 and the Respondent being a Special Recovery Officer

had filed a complaint before the Judicial Magistrate First Class,

Gangakhed against the Petitioners / Accused for having committed

the offence punishable under Sections 183, 184, 189 and 447 of the

Indian Penal Code. On 15th January, 2007, the learned Judicial

Magistrate First Class has called upon the police report as provided

under Section 202 of the Code of Criminal Procedure and since no

report was submitted by the police, by order dated 20th March, 2007,

the Magistrate directed the Complainant to produce his evidence

905 CRI. WRIT PETITION NO.456 OF 2007.odt

before issuance of process. Accordingly, the Complainant has

adduced his evidence at Exhibit - 5 and Exhibit - 6 and by order

dated 8th June, 2007, the learned Magistrate has issued the process

against the Petitioners / Accused for the offence punishable under

Sections 183, 184, 189 and 447 of the Indian Penal Code. Being

aggrieved by the same, the Petitioners / Accused preferred Criminal

Revision No.4 of 2007 before the Sessions Court at Gangakhed and

the learned Additional Sessions Judge, Gangakhed by impugned

order dated 13th July, 2007, dismissed the said revision. Hence this

criminal writ petition.

3 The learned counsel for the Petitioners submits that the

Petitioners have repaid the entire loan amount by way of one time

settlement and the receipts to that effect came to be issued by the

Branch Manager of the D.C.C. Bank, Parbhani. Even the concerned

society has also passed the receipt to that effect and also issued no

due certificate on 14th September, 2013. The learned counsel submits

that basically the dispute is of civil nature and that the complaint is

also belatedly filed with an ulterior motive for recovery of the said

amount.

905 CRI. WRIT PETITION NO.456 OF 2007.odt

4 The learned counsel for the Respondent / original

Complainant submits that the Petitioners have paid the loan amount

as one time settlement and therefore, the grievance of the said D.C.C.

Bank regarding loan amount as on today is resolved. The learned

counsel submits that the Respondent / original Complainant has filed

his affidavit today before this Court and stated in the affidavit that he

has no grievance against the Petitioners as per the instructions

received by him from the bank and even he is ready to withdraw the

complaint filed against the Petitioners / Accused.

5 This matter is pending since 2007 and in terms of the

interim relief granted by this Court on 13 th September, 2007, the

further proceedings in R.C.C. No.4 of 2007 pending before the III rd

Judicial Magistrate First Class, Gangakhed, are stayed.

6 In view of this, there is no point in relegating the parties to

the Trial Court for withdrawal of the complaint as is stated by the

Respondent / Complainant in the affidavit filed today before this Court.

In light of the affidavit filed by the Respondent / Complainant and the

fact that the dispute is purely of civil nature, the criminal writ petition is

allowed in terms of prayer clause (C-1) with prayer clause (C).

905 CRI. WRIT PETITION NO.456 OF 2007.odt

7 Rule is made absolute in the above terms. The criminal

writ petition is accordingly disposed of.

[ V. K. JADHAV, J. ] ndm