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VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Sandip s/o Uttam Shinde – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Per S. G. Chapalgaonkar, J.)
1. The applicants seek to quash and set aside criminal proceeding in S.C.C. No.198/2022 pending before Judicial Magistrate First Class, Jamkhed, which is arising out of Crime No.77/2022 registered with Jamkhed Police Station, Dist. Ahmednagar for offences punishable under Section 39 of the Maharashtra Money Lending (Regulation) Act, 2014 (for short ‘Act of 2014’) and Sections 504, 506 of the Indian Penal Code.
2. The respondent no.2 herein lodged report dated 04.02.2022 with Police Station Jamkhed alleging that he runs sugarcane juice business at Bus Stand. In the year 2018, he was in need of money for establishment of hotel business. He had obtained loan of Rs.1,00,000/- at the interest rate of 10% per month from applicant no.1-Sandip Uttamrao Shinde. By way of security of loan a cheque of Rs.1,00,000/- was drawn on account of son of informant in the name of applicant no.1. On 01.01.2019 total amount of Rs.1,50,000/- was deposited with Mrs. Arti Sandip Shinde i.e. applicant no.2 towards repayment of loan alongwith interest. Although entire amount of loan was repaid, applicant no.1 raised dispute and pressurized informant to transfer his plot a
Isolated transactions do not constitute a money lending business under the Maharashtra Money Lending Act, 2014.
The prosecution must provide substantial evidence to establish that an individual is engaged in money lending as a business to sustain charges under the Money-Lenders Act.
While exercising powers under Section 482 Cr.P.C., Court has a very limited jurisdiction and is required to consider “whether any sufficient material is available to proceed further against accused f....
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
Prima facie evidence of mens rea for the offence, as indicated by cheque dishonour and non-repayment, constitutes grounds for trial and dismissal of petition to quash the criminal proceeding.
To constitute an offence under the Money Lenders Act, there must be a demonstration of continuous business activity, not merely a single instance of money lending.
The central legal point established is that the lack of evidence, delay in filing the complaint, and ongoing financial transactions can indicate an abuse of process of law.
The charge under Section 420 IPC can stand alone and is not dependent on the charge under Section 406 IPC.
The Court emphasized that the power to quash criminal proceedings should be exercised sparingly and only in exceptional cases, and that the Court should not inquire about the reliability or genuinene....
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