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2022 Supreme(Bom) 2656

A. S. CHANDURKAR, U. J. PHALKE
Ajay – Appellant
Versus
State of Maharashtras – Respondent


Advocates appeared:
Shri A.S. Mardikar, Senior Advocate with Shri Rishab Khemuka, Advocate, for the Appellant; Smt. S.S. Jachak,Shri Sunil Manohar, Senior Advocate with Shri Jatin Kumar, Advocate, for the Respondent.

JUDGMENT (ORAL)

Urmila Joshi-Phalke, J. - The petitioner by invoking jurisdiction under Articles 226 and 227 of the Constitution of India as well as Section 482 of the Code of Criminal Procedure seeks quashment of the order passed by the learned Additional Sessions Judge, Amravati directing the Police Station Officer/Authorized Officer, Rajapeth Police Station to submit report under Section 156(3) of the Criminal Procedure Code, 1973 after proper investigation.

2. The petitioner and the respondent No.2 both are permanent residents of Amravati and acquainted with each other. As per the contention of the petitioner in the year 2017 his mother was suffering from heart disease, therefore, he was in need of financial assistance. The petitioner requested respondent No.2 for hand-loan of Rs.10,00,000/- for the purpose of medical treatment of his mother. Accordingly, as per request respondent No.2 gave hand-loan of Rs.10,00,000/- to the petitioner and obtained written note i.e. Jama-Chitthi on the letter-pad of the petitioner. The petitioner had issued cheque bearing No.851719 of IndusInd Bank to the respondent No.2 by way of security. As per the contention of the petitioner the alleged tran

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