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2012 Supreme(Bom) 1565

K.U.CHANDIWAL
Himanshu @ Hemant @ Rajendra Bhatt – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:Subhash Jha i/b. M/s.Law Global, Advocates.
For the Respondent: Mrs. A.T.Jhaveri, APP.

Judgment :

The petitioner questions order of the Sessions Court in Sessions Case no.468 of 2005 dated 31st January,2011 passed in Miscellaneous Application no.233 of 2009 deleting Section 255 of IPC and wants that the trial be conducted by the Court of Magistrate. The petitioner is one of the accused in the Sessions Case.

2. The Chief Manager of Bank of Baroda has lodged complaint against twenty five borrowers on 3rd September,2004, that such persons produced forged documents with the bank and obtained loan giving rise to C.R.no.702 of 2004 of Goregaon Police Station. On examination of the accounts, it reveals that the petitioner has availed loan of Rs.12.50 lakhs from the said bank by submitting forged documents of M/s.Regal Enterprises and Hermitage Constructions to purchase the property at Shivling, Kashimira, Mira Road, Thane. The investigation indicates, the properties were not in existence. The franking impressions, stamp duty receipts, registration receipts of sale Agreement were forged/bogus. The investigation indicates, that the accused-petitioner has conspired with co-accused and made bogus franking impressions on the sale agreement for commission of crime. The investigati









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