2024:BHC-AUG:24767-DB {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2909 OF 2022 Smt. Ratnabai Ratu Bheemashankar Chitte, Age 55 years, Occ. Homemaker, R/o. /Sonar Colony, Oerga, Tq. Murum, District Osmanabad.

.. APPLICANT.

VERSUS

1. The State of Maharashtra through Murum Police Station, Tq. Murum, Dist. Osmanabad.

2. Shri Prashant Lakshamrao Shapurkar, Age 58 years, Occ. Service (Assistant Registrar, Omerga)

R/o. At post Omerga, Tq. Murum District Osmanabad.

3. Liyakat Abbas Shaikh, Age 65 years, Occ. Retired, R/o. Kesar javalga, Tq. Omerga Dist. Osmanabad .. RESPONDENTS.

Mr. P.D. Bachate, Advocate h/f. Mr. A.C. Sisodiya, Advocate for applicant, Mr. V.K. Kotecha, APP for respondent State, Mr. Z.H. Farooqui for intervenor.

CORAM : SMT. VIBHA KANKANWADI & S.G. CHAPALGAONKAR, JJ.

DATE : 23rd SEPTEMBER, 2024.

JUDGMENT [ PER S.G. CHAPALGAONKAR, J.] :-

1. The applicant has filed this application under Section 482 of Cr.P.C. for quashment of the FIR in Crime No. 242 of 2022, dated 23.7.2022, registered with Police Station, Murum, District Osmanabad {2}

for the offence punishable under the Maharashtra Money Lending Act, 2014 as well as consequential proceeding in RCC No. 192 of 2022 pending before the JMFC, Omerga.

2. Respondent No.2, Assistant Registrar, Cooperative Societies, Umerga, lodged report to Police Station, Murum alleging that in pursuance of complaint made by respondent No.3, the District Deputy Registrar issued communication dated 8.7.2022, directing him to take further steps under Maharashtra Money Lending (Regulation) Act, 2014. (hereinafter referred to as “Money Lending Act” for sake of brevity) as per opinion of the District Government Pleader, Osmanabad.

Consequently, he filed the FIR.

3. It is alleged that Liyakat Abbas Shaikh (respondent No.3) made a complaint against applicant/accused regarding unauthorised money lending business. Consequently, inquiry was conducted by Assistant Registrar and report dated 13.12.2021 has been submitted, which states that sale deed dated 18.3.2010 depicts out and out sale transaction. However, the transcript of the telephonic talk and some receipts produced by the complainant needs forensic investigation to find out whether subject transaction was an out and out sale or it was in the nature of money lending. However, the District Deputy Registrar closed the file observing that the transaction dated 18.3.2010 is a sale transaction. Again, respondent No.3, made a complaint to District Deputy Registrar dated 8.7.2022 alleging that land Gat No. 505 situated at Kesar Jawalgaon was mortgaged by his mother Sajanbi Abbas Shaikh with late Shankar Sidhrappa Khajje. Nominal sale deed No. 660 of 2010 was executed on agreement that interest @ 3% shall be paid on the {3}

amount received under the transaction. Meanwhile, Shankar Sidrappa Khajje had executed a sale deed in the name of his daughter Ratnabai, who was indulged in money lending business through her father late Shankar Khajje. However, Shankar Sidramappa Khajje as well as mother of respondent No.3 Sajanbi expired. Therefore, amount paid towards interest was transmitted to Ratnabai Chitte. The respondent No.3 made tele-conversation with Ratnabai and shown his willingness to pay entire amount of loan alongwith interest. The conversation is recorded in mobile phone. Consequently, the District Deputy Registrar opined to lodge the FIR against the applicant under Section 39 of the Money Lending Act.

4. On the basis of aforesaid report, Crime No. 242 of 2022 has been registered. The investigation progressed and finally charge sheet has been filed against applicant in RCC No. 192 of 2022 of 2022 before JMFC at Omerga.

5. Mr. P.D. Bachate, learned advocate appearing for the applicant vehemently submits that the alleged sale transaction was between Smt. Sajanbi Abbas Shaikh and Shankar Khajje in respect of land bearing No. 505 situated at Kasar Jalgaon. Sajanbi executed Registered sale deed No. 660 of 2020 in favour of