Bombay High Court
Sumeet Mahesh Bajaj vs State Of Mah. Thr. Pso, Ps Civil Line, ... on 12 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:8953-DB
1 948-A.apl.1555.2023 J..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.1555 OF 2023
Sumeet Mahesh Bajaj, aged about 40
years, Occupation - Legal
Practitioner, R/o 24-B, Balaji Nagar,
Gorakshan Road, Akola, Distt. Akola
- 444 401
...APPLICANT
VERSUS
1. State of Maharashtra, through
Police Station Officer, Police
Station Civil Line, District Akola.
2. Shrey Sunil Chandak, age - 30 yrs,
Occ. Contractor, R/o 403,
Radhakrushna Tower, Civil Line,
Akola, Tah. And District - Akola.
... NON-APPLICANTS
__________________________________________________________
Shri A.V. Karnavat, Advocate for the applicant.
Shri A.R. Chute, A.P.P. for the State.
Shri D.M. Ailani, Advocate for non-applicant no.2.
__________________________________________________________
CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 12.08.2024.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
2 948-A.apl.1555.2023 J..odt
Heard. ADMIT.
2. The matter is taken up for final disposal with the
consent of the learned Counsel appearing for the parties.
3. This is an application seeking to quash the
criminal prosecution bearing R.C.C No.442 of 2017 arising
out of Crime No.67 of 2016 registered with the Civil Lines
Police Station, District Akola for the offence punishable
under Sections 384, 387 read with Section 34 of the Indian
Penal Code, Sections 39 and 45 of the Maharashtra Money
Lending (Regulation) Act, 2014, on account of settlement.
4. It is the informant's case that, he was indulging
into the betting activities in which he suffered financial loss.
The informant has borrowed huge sum from different
creditors on higher rate of interest. It is contended that all
the creditors were doing illegal money lending business.
3 948-A.apl.1555.2023 J..odt
They were pressurizing and threatening the informant for
dire consequences, if the capital/interest has not been
repaid. Therefore, the report has been lodged for extortion
and the offences under money lending Act.
5. Though the charge-sheet has been filed in the
year 2017, due to multiple accused, the trial could not be
proceeded for one or the other reason. It is informed that
yet the charges have not been framed. In the meantime, the
parties have settled the dispute out of the Court. The
informant Shrey Chandak has filed an affidavit-cum-reply
stating about the settlement and his no objection. The
informant has also appeared before the Court on
19.03.2024 and made a statement that due to settlement he
do not wish to prosecute the applicant. It reveals that the
allegations against the applicant is about doing illegal
money lending and there are general allegations about
putting the informant in fear to extort the money. All the
offences are punishable with imprisonment, which may
4 948-A.apl.1555.2023 J..odt
extent up to 7 years. For the offences under the money
lending Act fine is an alternative sentence. Having regard to
the nature of accusation, the offences cannot be terms as
serious or heinous.
6. The learned Counsel for the applicant would
submit that the applicant is ready to deposit costs of
Rs.30,000/- as the police machinery has been rotated and
the Courts have spent near-about 6 years in prosecuting the
case.
7. Having regard to all above circumstances, in
peculiarity of facts, we deem it appropriate to exercise our
inherent powers to secure the ends of justice. Hence the
following order :
(a) The Application is allowed and disposed
of.
(b) We hereby quash and set aside the
charge-sheet bearing R.C.C. No.442 of
5 948-A.apl.1555.2023 J..odt
2017 arising out of Crime No.67 of 2016
registered with the Civil Lines Police
Station, District Akola for the offence
punishable under Sections 384, 387 read
with Section 34 of the Indian Penal Code
and Sections 39 and 45 of the
Maharashtra Money Lending
(Regulation) Act, 2014, against the
present applicant Sumeet Mahesh Bajaj
only.
(c) The applicant shall deposit sum of
Rs.30,000/- with the High Court Bar
Association, Nagpur within two weeks
from today.
8. Place the matter on 27.08.2024 for noting the
compliance.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 14/08/2024 15:07:48
