2024:BHC-AUG:10008-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1046 OF 2020

1. Sunil S/o Manakchand Kotecha, Age : 57 years, Occu. : Business, 2. Manakchand S/o Kapurchand Kotecha, Age : 80 Years, Occu. : Business, Both R/o Wardhaman Nagar, Near Royal Palace, Jalgaon, Tq. & Dist. Jalgaon. .. Petitioners Versus

1. The State of Maharashtra, Through the Police Incharge Ramanand Nagar, Police Station, Jalgaon.

2. Dilip S/o Vijaykumar Kotecha, Age : 56 Years, Occu. : Business, R/o Lake Side Residency, Mehrun, Tq. & Dist. Jalgaon. .. Respondents Shri Amol K. Gawali, Advocate for the Petitioners.

Shri G. A. Kulkarni, A.P.P. for the Respondent No. 1. Shri D. S. Bagul, Advocate for the Respondent No. 2.

CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

CLOSED FOR JUDGMENT ON : 19.04.2024 JUDGMENT PRONOUNCED ON : 09.05.2024 JUDGMENT (Per Shailesh P. Brahme, J.) :-

. Rule. Rule is made returnable forthwith. Heard both the sides finally at the admission stage.

2. Petitioners are seeking quashment of first information report CR No. 247/2020, consequential charge sheet and R.C.C. No. 985 of 2021 pending before the Chief Judicial Magistrate, Jalgaon for the offences punishable U/Sec. 420, 465, 466, 467, 468, 469, 470 and 471 r/w Sec. 34 of the Indian Penal Code. During the pendency of the petition, petitioner No. 2 died, hence petition as against him stands abated.

3. Respondent No. 2 lodged report with Ramanand Nagar Police Station, Jalgaon on 25.06.2020 against the petitioners stating that in the year 2008 petitioners and the informant being directors of Sidharth Construction and Mahaveer Civil Engineering and Services Pvt. Ltd. entered into joint venture. Accordingly agreement of joint venture was executed on 20.03.2009. It was for executing work of installation of sub station at Nandura, Dist. Buldhana, known as Jigaon Project. On 19.04.2019 escrow account and current account were opened with Jalgaon Peoples Co-operative Bank in the name of the joint venture. Informant was delegated all powers of transaction and operation of the bank accounts by authority letter dated 08.04.2019. Accordingly informant was operating the bank accounts. It is alleged that petitioner No. 2 resigned from directorship of Sidharth Infra Tech Pvt. Ltd on 16.07.2018. The resignation was accepted.

4. Despite resignation, both the petitioners acted in collusion and got prepared a resolution on 19.04.2019 authorizing Mr. Chandrakant Baliram Sonawane to operate bank accounts. A letter dated 06.08.2019 was prepared giving power to Mr. Chandrakant Sonawane. On 15.04.2020 letter was given to Manager of Jalgaon Peoples Co-operative Bank with bogus and forged documents seeking permission to operate the bank accounts through Mr. Chandrakant Sonawane. These forged documents have been used in the proceedings before the Consumer Forum. It is alleged that petitioners deceived informant with forged and bogus documents.

5. Learned counsel for petitioners submits that dispute between the parties is civil in nature which is drapped in a criminal proceeding and, therefore, liable to be quashed. Learned counsel would submit that there is no wrongful loss to the respondent No. 2 or wrongful gain to the petitioners as no transaction has been made through the account of the joint venture. It is further submitted that due to inadvertent errors wrong dates and wrong account numbers were mentioned. The petitioner No. 2 sent certified copy which is alleged to be forged as he was suffering from dementia. Lastly, it is submitted that no offence can be made out and proceedings are liable to be quashed. 6. Learned Assistant Public Prosecutor and the learned counsel for the respondent No. 2 oppose the submissions of the petitioners. The respondent No. 2 seeks to rely upon the affidavit in reply and the documents annexed to it. They would submit that bogus and forged documents are created in order to gain financial advantage. Both the bank accounts were