The main legal point established in the judgment is that the allegations must prima-facie constitute an offence, and the court must consider the legal provisions and definitions to determine the nature of the alleged offences.

JUDGMENT

Sunil B. Shukre, J. - Heard Mr. Anil Mardikar, Senior Advocate for the applicants and Mr. Mirza, learned APP for respondent/State.

2. Nobody is present for respondent No.2. It is seen from the record that respondent No.2 has remained consistently absent despite service of notice on him twice.

3. Admit.

4. On 23.01.2019 this Court had directed production of Handwriting Expert''s Report, considered necessary for final disposal, in the matter. Now Handwriting Expert''s Report has been filed on record. Hence, the application is taken up for final disposal forthwith.

5. By this application, the applicants are seeking quashing of the First Information Report registered against them for offences punishable under Sections 420, 467, 468, 471, 384, 120-B of the Indian Penal Code and Sections 39 and 45 of the Maharashtra Money Lending (Regulation)Act, 2014 vide Crime No.223/2017 at Police Station, City Kotwali, Akola.

6. Mr. Mardikar, learned Senior Advocate submits that the aforestated offences registered against applicants on 24.10.2017 are a result of a malafide complaint made by respondent No.2 against the applicants. He submits that similar attempt was earlier made by respondent No.2 and after having utterly failed in that attempt, respondent No.2 once again, with same allegations, approached the police and this time, he succeeded. He submits that in the complaint, the respondent No.2 has suppressed material facts and fraudulently obtained a favour from the police authorities in getting registered such offences as are punishable under Sections 420, 467, 468, 471, 384 and 120 B of the Indian Penal Code and also offences punishable under Sections 39 and 45 of the Maharashtra Money Lending (Regulation) Act, 2014 (hereinafter called for short as Money Lending Act, 2014).

7. Mr. Mardikar, further submits that one of us (Shukre, J) , on 14.09.2016, while disposing of Criminal Application No.822/2014, had observed that in so far as allegation of forgery of various cheques by applicant No.1 was concerned, no prima-facie case was made out and, therefore, quashed the impugned order directing investigation under Section 156(3) of the Code of Criminal Procedure into those allegations. He points out that the Court consequently also quashed the order passed by learned Sessions Judge, Akola upholding learned Magistrate''s order passed on 03.10.2013. He submits that three criminal cases being Summary Criminal Case Nos. 2328/2013, 2332/2013 and 2333/2011 filed by the applicants for dishonour of cheques under Section 138 of the Negotiable Instruments Act, 1881 were pending when First Information Report in the present crime was lodged, it was lodged on 24.10.2017. Learned Senior Advocate further submits that if the allegations made in the First Information Report are seen, one can very well notice that the complainant/respondent No.2 has admitted his signatures on all the cheques and it is his contention that these cheques, which were lying blank, were misused by the applicants in fraudulently recovering or attempting to recover certain sums of money from him. But, according to learned Senior Advocate for the applicants, these duly signed cheques would be covered by the statutory presumptions under Section 118 of the Negotiable Instrument Act, 1881 and, therefore, no offence on the basis of allegation of misuse of blank signed cheques by the applicants would be prima-facie made out.

8. Learned Senior Advocate further submits that all the allegations about money lending transactions are of the year 2013 and the offences registered against the applicants are under Sections 39 and 45 of the Money Lending Act, 2014. He submits that for the alleged criminal acts of the year 2013, subsequent legislation of the year 2014 cannot be invoked. He also submits that in any case, applicants having been already held to be not indulging in any money lending business as per the order passed on 23.05.2017 by the Competent Authority in another matter initiated a