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2017 Supreme(Bom) 323

S.S.SHINDE, K.K.SONAWANE
Suhas @ Pappu s/o Sarjerao Kakade – Appellant
Versus
State of Maharashtra Through Police Station Basmathnagar – Respondent


Advocates Appeared:
For the Appellant :Mr. S.R. Bagal Advocate for Applicants.
For the Respondent:Mr. S.P. Deshmukh, A.P.P. Mrs. Savita P. Kakade Advocate

JUDGMENT

S.S. SHINDE, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. This Application is filed by the Applicants praying therein to quash and set aside the First Information Report bearing Crime No.75 of 2016 registered against them on 24th May, 2016 at Police Station Basmathnagar for the offence punishable under Section 306 read with 34 of the Indian Penal Code.

3. It is the case of the Applicants that they are partners of Bhagyalaxmi Finance Corporation, Basmathnagar. They are license holder for doing the business of finance i.e. money lending. The counsel appearing for the Applicants invites our attention to the copy of license, which is placed on record. It is the case of the Applicants that brother of informant i.e. deceased Surendra obtained loan of Rs.4,00,000/- from the Applicants on 8th November 2014 and again obtained loan of Rs.4,00,000/on 17th November 2014. The Applicants advanced the loan as said Surendra had on earlier three occasions obtained loan from them and also repaid the same without any default. Thus out of trust and faith, the Applicants have advanced loan of Rs.8,00,000/in all t




























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