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2017 Supreme(Bom) 830
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R.M. BORDE & A.M. DHAVALE, JJ.
Pawan s/o Ranjithmal Lodha – Petitioner
Versus
The State of Maharashtra, through Inspector in charge, Mohadi Nagar Police Station, Dhule and Others – Respondents
CRIMINAL WRIT PETITION NO.1388 OF 2015
Decided On : 04-07-2017
For the Petitioner:Mr. S.B. Narwade & Mr. N.K. Singh, Advocate
For the Respondent:Mr. K.D. Mundhe, A.P.P., Mr. A.K. Bhosale, Advocate
Headnote:Criminal Procedure Code, 1973 - Section 177-Territorial jurisdiction of Court.-Since entire transaction took place at place `M` and part of cause of action arose at place `N` hence police station at place `M` has jurisdiction to investigate crime.
The question of territorial jurisdiction was raised. The fact alleged in first FIR discloses that the entire transaction took place at Andheri Mumbai, whereas as per second FIR, part of the cause of action accrued at Dhule and part of cause of action for the transaction of Rs. 7 crores took place at MIDC, Mumbai. Therefore, Police of MIDC Police Station Andheri has jurisdiction to investigate the crime and Metropolitan Magistrate, Mumbai has jurisdiction to try the case.
Indian Penal Code, 1860 - Sections 120-B, 420, 467, 468, 477 and 34-Criminal Procedure Code, 1973, Section 482-Constitution of India, Article 21-FIR for offence of cheating, misappropriation and breach of trust.-Since two FIRs, relate to one common transaction hence second FIR being violative of Article 21 of Constitution, deserves to be quashed.
It is clearly laid down in case of Amitbhai Shah that in the facts and circumstances of the present case, the prosecution on the second FIR is impermissible and violative of Article 21 of the Constitution. The same is required to be quashed by invoking the inherent powers under Section 482 of the Code of Criminal Procedure or under Articles 226, 227 of the Constitution.
The question that remains is what should be done with the papers of investigation which relate to the second FIR. Cash of Rs. 2.5 crores was recovered from accused `P while investigating the second FIR. Those papers will be useful in the action initiated on the basis of first FIR. Besides, there may be certain statements of witnesses or other documents, which may be helpful to prove the charges against the accused persons. It is obvious that the FIR lodged by `A` which is termed as second FIR cannot be treated as statement under Section 161 of the Code of Criminal Procedure as he is accused No. 3 in first case. It will be, therefore, appropriate for the Investigating Officer from Dhule to transfer all the papers to the Investigating Officer, MIDC Police Station, Andheri, Mumbai, who shall consider the material useful for the prosecution of case at Andheri and may file it as supplementary charge-sheet under Section 173(8) of the Code of Criminal Procedure.
A.M. Dhavale, J.
Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, matter is heard finally at admission stage.
1. This is a petition under Section 482 of the Code of Criminal Procedure for quashing the proceedings Regular Criminal Case No.173/2015 on the file of Judicial Magistrate, 6th Court, Dhule arising out of C.R. No.1/2015, registered at Mohadinagar Police Station, Dhule on 6th January 2015 for the offences punishable under Sections 420, 467, 468, 471, 120-B read with Section 34 of the Indian Penal Code.
2. The argument advanced for quashing of the proceedings is that the proceedings are based on second F.I.R. on same facts.
3. The facts relevant for deciding this matter may be stated as follows:
4. The first F.I.R. was lodged by Sadanand Suvarna on 20th December 2014 at M.I.D.C. Police Station, Andheri under Section 420 read with Section 34 of the Indian Penal Code against the applicant Pawan Lodha and two others. Informant Sadanand Suvarna was running a trading business in iron and steel by name Indepth Impex Private Ltd. Prabjeetsing Bhambra was his partner and Ashoksing was his office staff. (Ashoksing is shown as accused No.3 in F.I.R. while he is the informant in second F.I.R.). As per the F.I.R., on 7th November 2014, Mr Suvarna directed Ashoksing to send Rs.17 lakhs by R.T.G.S. to M/s Rubber Craft. At that time, the petitioner Pawan Lodha and one Pradeep met Ashoksing and requested him that the R.T.G.S. transaction should be made by him through the companies suggested by them. The petitioner – Pawan Lodha informed him that in order to show more turnover, he was helping the companies to enter into such transactions, for which he was getting commission. Ashoksing, without permission of Mr Suvarna agreed for the same and as per inducement of Pawan Lodha, he entered into R.T.G.S. transaction through the companies suggested by him. On deep inquiry, Ashoksing gave admissions to Mr Suvarna. As per the assurance of the petitioner – Pawan Lodha, the amounts credited to the companies suggested by him were to be transferred to M/s Rubber Craft, but the petitioner Pawan Lodha did not transfer such amounts. Mr Suvarna and Ashoksing made repeated requests for refund of Rs.17 lakhs, but the petitioner – Pawan Lodha and his partner Pradeep Sharma avoided to refund the amount and thereby cheated Indepth Intext Private Ltd., to the tune of Rs.17 lakhs. Out of the amount of Rs.17 lakhs, amount of Rs.10 lakhs was to be credited to Smile Trading and amount of Rs.7 lakhs was to be credited to Jenal Enterprises. Accordingly, F.I.R. of cheating was lodged and the crime was registered on 20th December 2014 at M.I.D.C Police Station, Andheri, Mumbai.
5. The supplementary statement of Suvarna showed that he made deeper inquiry and noticed that Pawan Lodha Ashoksing and Pradeep Sharma had misused cheques worth Rs.3.25 Crores and the amount involved was Rs.3.25 Crores. Further supplementary statement dated 3rd January 2015 filed by Sadanand Suvarna disclosed that though the cheques were issued for transfer of Rs.17 lakhs, in fact, the cheques were used for transfer of Rs.17 crores and accordingly, his Director Prabjeetsing Bhambra had given intimation to M.I.D.C Police Station, Andheri, Mumbai.
6. During investigation of this F.I.R. No.685/2014, accused No.1 – Pawan Lodha was arrested and cash of Rs.3 crore was recovered from him on 30th December 2014 and further cash of Rs. 4 crore was recovered from him on 3rd January 2015. As per the F.I.R., Pradeep Sharma was partner of petitioner Pawan Lodha and both of them had entered into conspiracy with Ashoksing, the employee of Indepth Impex Private Ltd. The statement of account of Indepth Inpex Company shows two debit entries dated 7th November 2014 of Rs.7,10,00,056/- and Rs. 10,00,00,056/- (Rs.56/- seems to be R.T.G.S. Charges). In this case, after completion of investigation, the Police submitted charge-sheet in the Court of Additional Chief Metropolitan
