rpa 1/5 26 aba 1059 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.1059 OF 2021

Kiran Prakash Borkar

.. Applicant

Versus

State of Maharashtra

.. Respondent

…...

Mr.Dilip Bodake, Advocate for the Applicant.

Ms.Anamika Malhotra, APP for the Respondent – State.

…...

CORAM : PRAKASH D. NAIK, J.

DATED :

APRIL 26, 2021.

P.C. :

The applicant is arrested in connection with

C.R.No.53 of 2021, registered with Khed Police Station,

Ratnagiri, for the ofences punishable under Sections 120 B, 406,

420, 465, 468 and 471 read with 34 of Indian Penal Code (“IP”,

for short).

2

The case of the prosecution is that complaint is

lodged by Sudhir Sagavekar at the instance of Apna Sahakari

Bank Limited, Khed, Ratnagiri. Accused No.1 Kiran Borkar

(applicant) and accused no.2 Veersingh Borkar are brothers.

Accused no.1 had obtained loan for purchasing SKODA RAPID

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car. From the loan amount, he purchased vehicle bearing No. MH

08 AN 2223. Accused no.2 was guarantor for the loan. Accused

no.1 had cleared the loan. Thereafter on 28^th December,2017,

accused no.1 had applied for loan for purchasing TUCSON CRDI

4WD car. Accused no.2 was guarantor. The registration number

of the vehicle was MH 08 AQ 2223. On 21^st December, 2017, the

accused obtained letter of no dues in respect to the car loan for

purchasing SKODA car from the bank. The bank issued letter. The

applicant altered the letter and the words AN referred to in the

registration number of the vehicle were replaced by the word AQ

to indicate that the loan in respect to the TUCSON car had been

cleared. The accused also made alterations in Form No.35 to

show that there are no dues in respect to the loan on the second

car.

3

Private complaint was fled by the complainant bank

before the concerned court and directions were issued under

ection 156(3) of Cr.P.C. to register the FIR against the accused

vide order dated 1^st December, 2021. In pursuant to that the FIR

was registered.

4

Learned advocate for the applicant submitted that the

complaint is false. The applicant has been falsely implicated.

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Custodial interrogation of the applicant is not necessary. The

entire loan obtained for purchase of car had been cleared. No

dues certifcate was issued by the bank. Police refused to take

cognizance of the complaint and hence, private complaint was

fled by the complainant. There were no alterations in the

documents. The complaint is false. There were cordial

relationship between informant and the applicant. In good faith,

the applicant has given amount to repay the vehicle loan to

complainant Mr.Sagavekar. He had misappropriated the amount.

On clearance of the loan, letter was issued by the Bank. Applicant

is willing to co-operate with the investigation. Accused no.2 has

been granted anticipatory bail by the Sessions Court. Before issue

of no lien certifcate, the RTO ofice verify with bank, and, only

thereafter clearance certifcate could be issued. In the present

case, the RTO ofice has after verifcation with the informant bank

released the lien on the RC book of vehicle bearing MH 08 AN

2223. Accused no.2 wrote letter to RTO ofice and sought report,

which was not received by them.

5

Learned APP submitted that the claim of the

applicant is false. The applicant is trying to deceive the bank.

Investigation is in progress. The clearance letter relied upon by

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the applicant shows alteration. Similar alteration is also seen in

Form 35. There is no proof of payment towards installment of

loan in respect to the second car by the applicant. The frst loan

was cleared by following proper procedure, the question of

making payment to the informant towards repayment of loan

amount, does not arise.

6

From the complaint, it is apparent th