Bombay High Court
Amol Shripalbhai Sheth And Others vs The State Of Maharashtra And ... on 21 April, 2017
Bench: S.S. Shinde
1 Cri.A-726-17+1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 726 OF 2017
1. Mr. Amol Shripabhat Shet,
Age: Major, occu: Business,
R/o: Plot No. 96/2, Court Shayar Gaon,
Gandhinagar, Gujrat, India.
2. Anish Kasturbhai Shah,
Age: Major, occu. Business,
R/o Opp. Shipiki Apartments,
Sanjivani, Ahmedabad City Gujrat
India.
3. Kamal Rameshbhat Shah,
Age: Major Occu. Business,
R/o: Vastrapur, Plot No. 42, Akshanim
Bungalow, Ahemdabad City,
Gujrat.
4. Nalinkumar Mohanbhai Thakur,
Age: Major, occu: Business,
R/o: 501, Shri Niketan Apartment,
Near Mitra Mandal Society, Usmanpura,
Ahmedabad, Gujrat.
5. Manish Mohanlal Patel,
Age: Major Occu: Business,
R/o: A/16, Nilkanth Society, Saijpur
Bogha, Ahmedabad. ...APPLICANTS
versus
1. The State of Maharashtra.
2. The Police Inspector,
Kranti Chowk Police Station,
Aurangabad, District Aurangabad.
3. Kunal Vinaykumar Thirani,
Age: 47 years, Occu: Business,
R/o : Sector No. 342, Next to Nath Valley
School, Satara Area, Aurangabad. ...RESPONDENTS
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2 Cri.A-726-17+1
WITH
CRIMINAL APPLICATION NO. 1150 OF 2017
1. Chintan Jitendra Acharya,
Age: 36 years, occu: Business,
R/o : Flat No. 8, Panjil Apartment,
Maninagar, Ahmedabad, Gujrat.
2. Vishad Ashok Jagasheth,
Age: 48 years, occu: Business,
R/o: J 702 Shilalekh Shahibaug,
Ahmedabad, Gujrat.
3. Jairaj Harischandra Pednekar,
Age: 53 years, Occu.: Business,
R/o : Block No. 210, Room No. 1295,
Bapunagar, Ahmadabad, Gujrat.
4. Alkesh Donarrao Dave
Age: 44 years, Occu. Business
R/o : 55, Jaiambe Nagar,
Naroda, Ahmadabad, Gujrat. ...APPLICANTS
V E R S U S:
1. The State of Maharashtra
2. The Police Inspector,
Kranti Chowk Police Station,
Aurangabad, District Aurangabad.
3. Kunal Vinaykumar Thirani,
Age: 47 years, Occu: Business,
R/o : Sector No. 342, Next to Nath Valley
School, Satara Area, Aurangabad ...RESPONDENTS
....
Mr. Joydee Chattarji a/w Mr. Rahul Totla, instructed by
Mr. A.S. Radikar, Advocate for applicants
Mr. D.R. Kale, APP for Respondents No.1 and 2
Mr. Swapnil S. Patunkar, Advocate for respondent No. 3
....
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3 Cri.A-726-17+1
WITH
CRIMINAL APPLICATION NO. 1861 OF 2017
(FOR WITHDRAWL OF AMOUNT)
IN
CRIMINAL APPLICATION NO. 726 OF 2017
Kunal Vinaykumar Thirani,
Age: 47 years, Occu: Business,
R/o : Sector No. 342, behind Nath Valley
School, Paithan Road, Satara, Aurangabad.
...APPLICANT
VERSUS
1. The State of Maharashtra
2. Mr. Amol Shripabhat Shet,
Age: Major, occu: Business,
R/o: Plot No. 96/2, Court Shayar Gaon,
Gandhinagar, Gujrat, India.
3. Anish Kasturbhai Shah,
Age: Major, occu. Business,
R/o Opp. Shipiki Apartments,
Sanjivani, Ahmedabad City Gujrat
India.
4. Kamal Rameshbhat Shah,
Age: Major Occu. Business,
R/o: Vastrapur, Plot No. 42, Akshanim
Bungalow, Ahemdabad City,
Gujrat.
5. Nalinkumar Mohanbhai Thakur,
Age: Major, occu: Business,
R/o: 501, Shri Niketan Apartment,
Near Mitra Mandal Society, Usmanpura,
Ahmedabad, Gujrat.
6. Manish Mohanlal Patel,
Age: Major Occu: Business,
R/o: A/16, Nilkanth Society, Saijpur
Bogha, Ahmedabad. ...RESPONDENTS.
...
Mr. Swapnil S. Patunkar, Advocate for applicant
Mr. D.R. Kale, APP for Respondents No.1 and 2
Mr. Joydee Chattarji a/w Mr. Rahul Totla, instructed by
Mr. A.S. Radikar, Advocate for respondents No. 3 to 6
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4 Cri.A-726-17+1
WITH
CRIMINAL APPLICATION NO. 1122 OF 2017
1. Chintan Jitendra Acharya,
Age: 36 years, Occu. Business,
R/o: Flat No. 8 , Panjil Apartment,
Mninagar, Ahmednabad, Gujrat
2. Alkesh Donarrao Dave
Age : 44 years, Occu : Business,
R/o : 55, Jaiambe Nagar, Naroda
Ahmadabad, Gujrat
VERSUS
The State of Maharashtra
Through Commissioner Police,
Aurangabad.
Mr. S.G. Ladda and Mr. S.J. Rahate, Mr. H.P. Patel, Advocate for
applicants
Mr. D.R. Kale, APP for Respondent - State
...
WITH
CRIMINAL APPLICATION NO. 1123 OF 2017
1. Vishad Ashok Jagasheth
Age: 48 year, Occu. Business,
R/o: 72, Shailalekh Shahibaug,
Ahmadabad, Gujrat.
2. Jairaj Harishchandra Pednekar
Age : 53 years, Occu : Business,
R/o : Block no. 210, Room No. 1295,
Bapunagar, Ahmedabad, Gujrat.
VERSUS
The State of Maharashtra
Through Commissioner Police,
Aurangabad.
Mr. S.G. Ladda and Mr. S.J. Rahate, Advocate for applicants
Mr. D.R. Kale, APP for Respondent - State
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5 Cri.A-726-17+1
CORAM : S.S. SHINDE AND
K.K. SONAWANE, JJ.
RESERVED ON : 17th APRIL, 2017.
PRONOUNCED ON : 21st APRIL, 2017.
ORAL JUDGMENT : ( PER : K.K. SONAWANE, J.)
1. Rule. Rule made returnable forthwith and heard finally with
consent of learned advocates for the parties.
2. Both the applications i.e. No. 726 and 1150 of 2017 are
filed under section 482 of the Criminal Procedure Code (for short
"Cr.P.C.) to quash and set aside the impugned first information
report ( for short "FIR") bearing crime No. 73 of 2017 registered
at Kranti Chowk Police Station, Aurangabad District Aurangabad
against the applicants, for the offence punishable under sections
406, 420, 467, 468, 471 and 120-B of the Indian Penal Code (for
short "IPC") and under section 3 and 4 of the Maharashtra
Protection of Interest of Depositors (in Financial Establishments)
Act, 1999 (for short "Act of 1999").
3. In addition, applicants also moved applications bearing
criminal application No. 1122 and 1123 of 2017 to admit them on
bail pending investigation. Similarly, respondent No. 2 filed
criminal application No. 1861 of 2017 seeking permission to
withdraw the amount.
6 Cri.A-726-17+1
4. It is the allegation of the complainant - first informant that
he is the Director of Precision Competence Repetitions Pvt. Ltd.
His company had a transaction with the company of applicants
i.e. Anil Limited, by way of Inter Corporate Deposit (for short
"ICD"). Accordingly, a sum of Rupees One Crore was accepted
by the company of applicants from the complainant in lieu of ICD
transaction for a period of 90 days subject to repayment with
additional sum @ Rs.16.50% p.a.. Thereafter, the ICD
transaction came to be renewed at the instance of company of
the applicants for further period of three months. The company
of the applicants delivered a cheque for security in favour of
complainant. But, it was transpired that these cheques were
allegedly signed by the Officers, who were not authorized to sign
these cheque on the date of issuing of it i.e. on 01-10-2016. It
was revealed that the applicants with intention to defraud and
cheat the complainant played mischief by issuing forged
document of cheque etc. Therefore, the complainant preferred
the impugned FIR for penal action against the applicants.
5. In response to FIR, Police of Kranti Chowk Police Station,
Aurangabad, District Aurangabad registered the crime No. 73 of
2017 and set the penal law in motion. Pending investigation, the
applicants preferred present application by availing remedy under
section 482 of the Cr.P.C. and prayed to quash and set aside the
7 Cri.A-726-17+1
impugned FIR as the allegations nurtured on behalf of the first
informant are totally false, baseless and unsustainable one for
penal action against the applicants. The transaction was of purely
commercial in nature.
6. On receipt of notices, the respondents including first
informant appeared in the proceedings. However, in order to
show bonafides the applicants on behalf of themselves and their
company have deposited a total sum of Rs. 1,03,71,000/- in this
court being an amount of ICD transaction occurred in between
the applicants company and the first informant. Albeit, when the
matter was taken up for final hearing on merits, respondent No.
3 - first informant came forward and filed affidavit on record. It
has been mentioned in the affidavit that the dispute pertains to
the commercial transaction in between the applicants company
and first informant has already been settled amicably. The
applicants company has agreed to refund the entire amount
payable to the first informant. Therefore, the grievances of the
first informant raised in the first information report are redressed
and no dispute is remained to be resolved in between them.
Hence, first informant has no objection to quash and set aside
the impugned FIR filed on his behalf against the applicants.
7. In view of affidavit filed on record by the first informant
relating to amicable settlement of the dispute in between himself
8 Cri.A-726-17+1
and the applicants' company, we have preferred to interact with
the first informant to know about his intention to compromise the
dispute with the applicants' company on his own volition & it is
his voluntary act as well as to test his bonafides. The first
informant - Kunal Thirani fervidly submitted that the dispute
pertains to commercial transaction in between himself and
applicants company i.e. Anil Limited has already been resolved
amicably and he has no objection to quash and set aside the
impugned FIR. He had also conceded that compromise of the
controversy in regard to mischief committed by the applicants'
company is his voluntary act and all his grievances are now
redressed. He has also prayed to grant permission for withdrawal
of the amount deposited on behalf of applicants' company in this
court. The learned counsel appearing on behalf of applicants also
submits that the applicants' company has no objection to
withdraw the amount deposited in this Court by the respondent
No. 3 - first informant Mr. Kunal Thirani.
8. At this juncture, it is to be noted that the impugned FIR
came to be registered against the applicants for the offences
punishable under sections 406, 420, 467, 468, 471 and 120-B of
the IPC and under sections 3 and 4 of the Act of 1999. There are
allegations about forgery, criminal breach of trust, cheating and
criminal conspiracy etc. against the applicants. The entire dispute
9 Cri.A-726-17+1
is emanated after alleged ICD transaction occurred in between
first informant and the applicants company. The first informant
blamed the applicants' company that forged cheques were issued
having signatures of the Office Bearers, who were not authorized
to put their signatures on the cheques during the relevant period.
Admittedly, the offences alleged against the applicants seems to
be overwhelming and predominantly having civil in nature arising
out of commercial transaction in lieu of ICD. Therefore, we do not
find any impediment to arrive at the conclusion that whatever
allegations of committing mischief by the applicants' company is
basically wrong to the first informant individually and do not have
any adverse impact on the public or well beings of the society.
Therefore, in view of settlement of controversy amicably in
between first informant and the applicants' company impugned
criminal proceeding initiated against applicants deserves to be
quashed and set aside by exercising powers under section 482 of
the Cr.P.C. even though some of the charges are non-
compoundable one. Definitely, it would sub-serve purpose in the
interest of justice.
9. Moreover, it would be necessary to take into consideration
that pursuant to such compromise of dispute amongst parties,
there would not be any propriety to continue the criminal
proceedings against the applicants. Obviously, it would be an
10 Cri.A-726-17+1
exercise of futility. In contrast, in case the dispute between the
parties is allowed to be resolved amicably it would put an end to
entire controversy and would prevent abuse of process of law and
meet ends of justice. Taking recourse of the guidelines delineated
by their Lordship of the Hon'ble Supreme Court in the case of
Gain Singh Vs. State of Punjab and another 1, we are of the
opinion that the parties to the proceedings be allowed to act upon
the amicable settlement arrived at in the alleged commercial
transaction, which is the fall out of impugned FIR against the
applicants and their company. Hence, we have no hesitation to
accept the versions of the first informant for quashing the
impugned FIR filed on his behalf against the applicants by
exercising powers under section 482 of the Cr.P.C.
10. In view of above discussion, the applications for quashing
the impugned FIR stand allowed subject to depositing costs of
Rs. 1,00,000/- (Rupees One Lakh) each in both the applications
by the applicants in the Registry of this Court. The impugned FIR
bearing Crime No. 73 of 2017 registered against the applicants
and their company at Kranti Chowk Police Station, Aurangabad
District Aurangabad for the offences punishable under sections
406, 420, 467, 468, 471 and 120-B of the IPC and under section
3 and 4 of the Act of 1999 is hereby set aside and quashed
against the applicants of both the applications on depositing costs
1 2012(10)SC 303
11 Cri.A-726-17+1
of Rs. 1,00,000/- (Rupees One Lakh) each in both applications by
the applicants in the Registry of this Court at High Court Bench at
Aurangabad. After deposing a sum of Rs.2,00,000/-(Rupees two
lakhs) as an costs on behalf of applicants from both the
applications, amount of Rs.1,00,000/- (Rupees One Lakh) be
transmitted to the account of Chairman, Police Welfare Fund,
Aurangabad City and rest of the amount of Rs.1,00,000/-
(Rupees One lakh) be given to the Government Child
Care/Shelter Home, Government of Maharashtra, Paithan, tahsil
Paithan, District Aurangabad to utilize the same for welfare of
inmates of the Shelter Home. It is stipulated that authority of the
Shelter Home shall utilized aforesaid amount of Rs. 1,00,000/-
(Rupees One Lakh) in consultation with Government Pleader /
Public Prosecutor, High Court, Bench at Aurangabad and shall
submit its statement of account for appraisal. Rule is made
absolute in above terms.
11. So far as application on behalf of first informant for
withdrawal of the amount is concerned, in view of disposal of
applications bearing Criminal Applications No. 726 and 1150 of
2017, as well as no objection on the part of applicants' company,
the first informant - Mr. Kunal Thirani be allowed to withdraw the
amount subject to his identity for the satisfaction of Registrar
(judicial) of this court. Accordingly, application for withdrawal of
12 Cri.A-726-17+1
amount is allowed in terms of prayer clause "B" and stands
disposed of accordingly.
12. In view of disposal of applications bearing Criminal
Application No. 726 and 1150 of 2017, the very purpose of filing
applications bearing criminal applications No. 1122 and 1123 of
2017 to enlarge the applicants on bail do not survive as the
impugned FIR against the applicants and their company has
already been quashed and set aside and no criminal proceedings
initiated against the applicants on the basis of crime No. 73 of
2017 is remained alive. There would not be any question to grant
bail to the applicants in this proceeding and whatever bail bond
furnished on behalf of applicants, if any, be treated as cancelled.
Therefore, criminal applications No. 1122 and 1123 of 2017 stand
disposed of.
Sd/- Sd/-
[ K. K. SONAWANE, J. ] [ S.S. SHINDE, J.]
MTK
