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2018 Supreme(Bom) 425

R.M.SAVANT, SANDEEP K.SHINDE
Jaideep Pradeep Zaveri – Appellant
Versus
State of Maharashtra Through the office of Govt. Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:Vivek Kantawala a/w. Amey Patil i/by M/s. Vivek Kantawala & Co., Advocates.
For the Respondent:A.S. Pai, Addl. P.P., Shankar Katkar, Advocate.

JUDGMENT :

Sandeep K. Shinde, J.

1. This petition under Article 226 of the Constitution of India read with Section 482 Criminal Procedure Code is preferred for quashing the FIR No. 86 of 2017 registered with the Koregaon Park Police Station under Sections 418 and 420 at the instance of the respondent, bank in terms of the order dated 12th April, 2017 passed under Section 156(3) Criminal Procedure Code by the Judicial Magistrate First Class, Court No. 3, Pune.

2. It is the complainant's case that, in January, 2012 the petitioner-accused with malafide intention to cheat the bank, approached the complainant bank at Dubai, UAE and represented that he is an Indian citizen and further promised and agreed that, in case, if loan facility is extended by way of credit card, he would repay the cash availed or withdrawn. The complainant, believing his bonafides and being induced by the confidence gained by the accused, issued him a credit card and extended the loan facility against the personal Loan Account No. 20266255. Later, the bank came to know that, in order to avoid the repayment of loan and to avoid the consequent legal action in UAE, the petitioner, accused absconded from UAE and fled to

















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