Bombay High Court
Kapil Sudhir Vhora And Ors vs The State Of Maharashtra on 8 January, 2024
Author: A. S. Gadkari
Bench: A. S. Gadkari
2024:BHC-AS:1361-DB
Manoj 58-wp-6099-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 6099 OF 2021
1. Kapil Sudhir Vhora
Age- 38 years, Occ: Service,
R/o. Flat No. 9, Anandi Apartment,
Baramati, Tal- Baramati
district- Pune.
2. Ashwini balasaheb Ingale
Age- 29 years, Occu- Service,
R/at-Baramati, Tal- baramati,
District- Pune
3. Pratiksha Pramod Virkar
Age-24 years, Occu- Service
R/at- A-6, Bhigwan Road , MSEB Colony
Baramati, Tal- Baramati, District- Pune
4. Akash Swaminath Kambale
Age-28 Years, Occu- Service,
R/at Asu, Tal- Phaltan,
District- Satara .. Petitioners
Vs.
The State of Maharashtra
At the instance of C.R.
No. 495 of 2021 at Baramati City
Police Station .. Respondent
Mr. Rupesh A. Zade for Petitioners.
Ms. Mahalakshmi Ganpathi APP for State.
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
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Manoj 58-wp-6099-2021.doc
RESERVED ON : 21st DECEMBER, 2023.
PRONOUNCE ON : 8th JANUARY, 2024.
JUDGMENT:
[PER- SHYAM C. CHANDAK, J.]
1) Present Petition is filed under Article 226 of the Constitution
of India read with Section 482 of the Code of Criminal Procedure (Cr.P.C.)
seeking to quash the FIR bearing C.R.No.495 of 2021, registered with
Baramati City Police Station for the offences punishable under Sections
188, 409, 420 read with 34 of Indian Penal Code, 1860.
2) Record of the Petition shows that, notice was issued on dated
27th April, 2022 and the Respondent was directed not to filed charge-
sheet against the Petitioners. The said interim order has been continued
till date.
3) Heard Mr. Rupesh A. Zade learned counsel for Petitioners
and Ms. Mahalakshmi Ganpathi learned APP for State.
3.1) Rule. The Rule is made returnable forthwith and by consent
of the parties the matter is taken up for final hearing.
4) The impugned F.I.R. has been registered on the report of
Shubhash Shingare, Police Inspector attached to Matunga Police Station,
Mumbai, wherein it is narrated that, six bank accounts were freezed in
connection with Crime No.324 of 2020, under Sections 420, 294-A, 114
read with 34 of Indian Penal Code, under Sections 7 (3), 9 (1) of the
Lotteries (Regulation) Act, under Sections 4 (1) (a) and 5 of the
Manoj 58-wp-6099-2021.doc
Maharashtra Prevention of Gambling Act and under Section 66D of the
Information Technology Act, registered at Matunga Police Station against
one Sudhir Dhananjay Sarode, Director, SDS Online Broking and
Auctioning Center (OPC) Pvt. Ltd. One of the six accounts is with Axis
Bank wherein Rs.2,67,99,671.11/- were balance. The Application for
defreezing that account was rejected by the concerned Metropolitan
Magistrate and revision filed against that order was pending. On 30th July,
2021 Petitioner No.1, the branch Manager of Axis Bank at Baramati,
informed the Police that, the aforesaid Axis Bank account has been
defreezed on the application of Sudhir Sarode and an amount of
Rs.1,26,88,248.00/- has been transferred to the GST department to save
the fine amount to be imposed by that department. Thereafter, the First
Informant held the necessary inquiry. It revealed that, on the Application
sent by accused Sudhir Sarode, the Petitioners defreezed the aforesaid
bank account and helped to transfer the huge amount to save the fine.
Thus, the Petitioners and accused Sudhir Sarode have committed this
crime in furtherance of their common intention.
4.1) However, according to the Petitioners, they are innocent.
Hence, this Petition.
5) Learned Advocate for the Petitioner submitted that, the
Petitioners acted in good faith upon the Application and instructions by
the main accused Sudhir Sarode that, the Court had directed to defreeze
Manoj 58-wp-6099-2021.doc
his said account and to transfer the amount to the GST department. In
other words, the Petitioners are not concerned with the alleged fraud
committed by Sudhir Sarode. The Petitioners are not benefited out of this
offences. As such, the offence punishable Under Sections 188, 409, 420
and 34 of the Indian Penal Code are not made out against the Petitioners.
However, they have been falsely implicated in this crime.
6) Per contra learned APP submitted that, considering the text
of the F.I.R., there is sufficient material against the Petitioners that they
and the main accused Sudhir Sarode are equally responsible for the
present crime. As such, there is prima facie case against the Petitioners.
7) Perusal of the FIR clearly indicates that, the subject Axis
Bank account was freezed and the prayer of accused Sudhir Sarode to
defreeze that account was rejected by the Metropolitan Magistrate on 7th
July, 2021. The Axix Bank was aware of this rejection. Copy of that Order
was also given to the Advocate of the bank, who was present in the
concerned Court proceedings. Yet, the Petitioners did not consider the
Order of the rejection dated 7th July, 2021 and within a short period of
said rejection transferred the money from that account. Even though the
Petitioners claimed that, the accused Sudhir Sarode has falsely stated in
the Application that, the concerned Court has permitted to pay the
Government dues, they have not informed as to what efforts they made to
verify this fact. In fact, no efforts were made by the Petitioners to verify
Manoj 58-wp-6099-2021.doc
the said fact. That apart, the Order dated 7th July 2021 was also annexed
with the Application seeking to transfer the amount, however, the
Petitioners have not explained as to why they did not check the said
Order. It is surprising that the Application for transfer of the amount was
sent through a messenger of the main accused. Nevertheless, the
Petitioners did not pay any attention to this aspect. Thus, the F.I.R. clearly
indicates that, the Petitioners knowingly join hands with the main
accused Sudhir Sarode and transferred Rs.1,26,88,248.00/- to the GST
department, illegally. This the Petitioners intentionally did to help the
accused Sudhir Sarode to save him from the clutches of law and to relieve
him from the fine amount, that would have been charged by the GST
department. This is very undeserving favour to a person who was already
an accused in the serious crime of cheating. As such there is no substance
in the claim of the Petitioners that they acted bonafidely in this case.
8) It is equally significant to note that, the earlier crime No.324
of 2020 was registered for the act of cheating common people and
causing economic loss to the Government. As such, the money which has
been illegally transferred by the Petitioners was 'Public Money". It was
freezed in relation to the liability arising out of the said crime. However,
by transferring the money, the Petitioners gave undue advantage to the
main accused Sudhir Sarode and put the victims of the earlier crime to a
monetary loss.
Manoj 58-wp-6099-2021.doc
9) In view of the above discussion, there is strong prima facie
case against the Petitioners of having committed the offences alleged in
the impugned F.I.R., Such offences always shatter the confidence of the
customers of private banks. As such, the offence is serious and needs
thorough investigation. Thus, there is no substance in the Petition. Hence,
the Petition is liable to be dismissed.
10) Criminal Writ Petition No. 6099 of 2021 is dismissed.
(SHYAM C. CHANDAK, J.) (A. S. GADKARI, J.)
