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2003 Supreme(Bom) 852

R.S.MOHITE
Nagpur District Central Co-operative Bank – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - MOHITE R.S., J.:---Heard Shri Dharmadhikari, Advocate for the applicant, Shri Gawai, Government Pleader for respondent Nos. 1 and 2, Shri Chaudhari, Advocate for respondent Nos. 3 and 4 and Shri Samarth, Advocate for respondent No. 5.

2.By this application, filed under section 482 of Criminal Procedure Code, Nagpur District Central Co-operative Bank, which is a Co-operative Society registered under the provisions of Maharashtra Co-operative Societies Act, being the applicant before this Court seeks to quash and set aside an order dated 25-11-2002 issued by respondent No. 2 under section 102 of the Criminal Procedure Code, seizing an amount of Rs. 25 crores which, according to the order, is an amount being the proceeds of the crime and which is due and payable to the Wardha District Central Co-operative Bank, who are joined as respondent No. 5 in this application.

3.The brief chronological facts of the case which gives rise to filing of this application are as under :

(a)A company by the name of Home Trade Limited, of which four persons by the name of Sanjay Agarwal, Ketan Seth, Subodh Bhandari and N.S. Trivedi, are Directors, hatched a scheme to cheat several Co-operative B























































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