2024:BHC-AUG:29524-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1147 OF 2022

1) Ushabai Babasaheb Nannaware, Age : 45 years, Occ.: Agriculture, R/o : Dev Pimpalgaon, Taluka : Badnapur, District : Jalna.

2) Shankar Dashrath Dhanwate, Age : 49 years, Occ.: Agriculture, R/o : Vitthal Nagar, ...APPLICANTS Chandanzira, Jalna, Taluka and (Orig. Accused District : Jalna. Nos. 2 & 3 as shown in FIR)

V E R S U S

1) The State of Maharashtra, Through Police Station Officer, Police Station Taluka Jalna, District: Jalna.

2) Dilip Tukaram Kawle, Age : 43 years, Occ.: Agriculture, R/o : Ganeshnagar, Golapangri, Taluka and District Jalna. ...RESPONDENTS (Respdt. No. 2 is Orig. informant)

…...

Advocate for the Applicants : Mr. S.J.Salunke Additional Government Pleader for Respondent No. 1/State : Mr.

A.D.Wange Advocate for Respondent No. 2 : Mr.D.G.Kamble …...

CORAM : SMT. VIBHA V. KANKANWADI &

ROHIT W. JOSHI, JJ DATE : 04.12.2024 JUDGMENT : [PER : ROHIT W. JOSHI, J.]

1. The present application is filed under Section 482 of the Code of Criminal Procedure, 1973, (for short “Cr.P.C.”), inter-alia praying to quash and set aside the First Information Report No.628 of 2021, (for short “FIR”), dated 24.12.2021, registered with Police Station Taluka Jalna, District Jalna, for the offence punishable under Sections 420, 447, 341, 504 and 506 read with Section 34 of the Indian Penal Code, and under Section 39 of the Maharashtra Money Lending (Regulation) Act, 2014, (for short “The Money Lending Act”), along with Regular Criminal Case bearing RCC No. 234 of 2022, registered pursuant to the said FIR, which is pending on the file of learned Judicial Magistrate, First Class, Jalna. The applicants in the present matter are original accused Nos. 2 & 3.

Respondent No. 2 is the informant.

2. Respondent No. 2 has lodged FIR against the present applicants and two other persons namely Narayan Khandekar and Shivaji Sawant, inter-alia alleging that they have purchased his property against the loan advanced by them to him and those sale transactions are got executed in breach of the provisions of Money Lending Act, 2014 in as much as the accused persons do not have money lending license and further that he has also been cheated during the course of the said transaction. He further alleges that applicant No. 2 has tried to commit trespass over the property purchased by him under illegal money lending transaction and has also wrongfully restrained him entering his own property resulting in an offence for criminal trespass and wrongful restraint punishable under Sections 447 and 341 of the Indian Penal Code. Apart from this, Sections 504 and 506 of the Indian Penal Code are also invoked by him, alleging that he was threatened with life when he resisted illegal activities of the applicant No. 2/ accused No. 3.

3. Respondent No. 2 has stated in the FIR that his father was suffering from pneumonia in the year 2014 and ultimately, he left heavenly abode due to the said ailment. He further states that he was seriously ill in the year 2017. He states that due to aforesaid ailment of his father, followed by his own illness he had run into debts. He states that thereafter he had approached one Shivaji Savant in January, 2018 seeking financial assistance. The said Shivaji Sawant took him to one Narayan Khandekar, who according to Shivaji Sawant was a money Lender. Respondent No. 2 further alleges that he took loan of Rs. 1,00,000/- at the interest at the rate of 5 percent per month from said Narayan Khandekar and towards security he handed over a blank cheque and the blank stamp paper signed by him. He further alleges that since he could not make repayment of money, Narayan Khandekar exerted pressure on him and got a sale deed of 1.5 acres i.e. 0.60 H.R. of land being part of Gut No. 29 of village Ganesh Nagar, executed from him. He alleges that the sale consideration as mentioned in the sale deed dated 30.06.2018 was not paid to him although it