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2023 Supreme(Bom) 1617

A. S. GADKARI, SHYAM C. CHANDAK
Tata Capital Ltd. – Appellant
Versus
Umeshkumar Hanumandas Goyal – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Subodh Desai
For the Respondent: Ms. Mahalakshmi Ganpanty, APP

JUDGMENT :

Shyam C. Chandak, J.

1. Present Application is filed under Section 482 of the Code of Criminal Procedure, seeking quashing and setting aside of F.I.R. bearing C.R.No. I-28 of 2010, registered with Respondent No.2-Kulgaon Police Station, Thane (Rural) for the offence punishable under Section 379 read with 34 of the Indian Penal Code, 1860 against Applicant No.2 and others on the report lodged by Respondent No.1. Respondent No.1 opposed the Application by his affidavit-in-reply.

2. Rule was issued dated 12th October, 2012.

3. The case in hand, to some extent, is similar to the case of Priyanka Srivastava and anr. vs. State of U.P and Othrs, reported in (2015) 6 SCC 287, wherein the Apex Court observed as to, “how some unprincipled and deviant litigants can cleverly design in a casual manner to knock at the doors of the Court and Police, as if, it is a test center where multifarious experiments can take place and such clever persons can ably abuse the process of the law at their own will and desire by painting a canvas of agony by assiduous assertions made in their case though the actual intention is to harass financial institutions, without any remote remorse, to create a ment

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