1 Cr WP 138 of 2007

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

Criminal Writ Petition No. 138 of 2007

1)

Kirit s/o Bansilal Patil,

Age 35 years,

Occupation : Agriculture.

2)

Bansilal s/o Babulal Patil,

Age 62 years,

Occupation: Agriculture

Both R/o Lalbag Colony,

Nandurbar, Dist. Nandurbar. .. Petitioners.

Versus

1)

The State of Maharashtra.

2)

The Police Inspector,

Nandurbar City Police Station,

Nandurbar,

District Nandurbar.

3)

Madhav Chintaman Padvi,

Assistant Registrar,

Cooperative Societies,

Nandurbar, Taluka Nandurbar,

District Nandurbar.

.. Respondents.

----

Shri. V.D. Hon, Senior Advocate, for petitioners.

Shri. V.S. Badakh, Additional Public Prosecutor, for

respondent Nos.1 and 2.

Shri. F.R. Tandale, Advocate, for respondent No.3.

----

Coram: T.V. NALAWADE &

S.M. GAVHANE, JJ.

2 Cr WP 138 of 2007

Judgment reserved on : 18 September 2017

Judgment pronounced on : 10 October 2017.

JUDGMENT (Per T.V. Nalawade, J.):

1)

The petition is filed for following reliefs. Both

the sides are heard.

"(B)

Quash and set aside the complaint No.3 of 2007

and complaint No.4 of 2007 registered with

Nandurbar City Police Station for the offence

punishable under Sections 25(1), (1-A), 32(1), 32(A)

and 32(B)(B) of the Money Lending Act (Annexed at

Exhibit "M" and "N" respectively).

(C)

Quash and set aside the enquiry report dated

25.9.2006 of the respondent No.3 annexed at

Exh."G"."

2)

Petitioner No.1 is son of petitioner No.2 and

they live in Hindu joint family. They own and run Jalaram

Jyot Traders shop in the area of Market Committee.

Respondent No.3 is authority created under the provisions

of the Bombay Money-Lenders Act, 1946 (hereafter called

as "the Act") to make inquiry and take action when here is

contravention of the provisions of the Act.

3 Cr WP 138 of 2007

3)

One Smt. Karunaben Patil, resident of Shinde,

Tahsil and District Nandurbar gave complaint to

respondent No.3 on 22-2-2006. One Jagannath Fakira

Patil, resident of Tikhira, Tahsil Shahada, District

Nandurbar gave complaint against the petitioners on 17-6-

2006. There were allegations against the petitioners that

they were doing money lending business illegally. It was

contended in the complaints that they had approached the

petitioners in aforesaid shop of the petitioner for taking

loan with the belief that petitioners were having money

lending licence. It is their contention that they had taken

loan from petitioners. Smt. Karunaben had taken loan of

Rs.1.50 lakh and she was to pay interest at the rate of 3%

per month on this loan. It is the case of Jagannath that he

has taken loan of Rs. four lakh and he was to pay interest

at the rate of 2% p.m. Both the complainants have

contended that when they could not repay some amount

and interest, by saying that security was required, their

agricultural lands were got transferred by the petitioners

in the names of the petitioners and their family members.

It is contended that by creating false record of sale, the

petitioners have grabbed the immovable property of the

4 Cr WP 138 of 2007

complainants.

4)

In view of the aforesaid complaints, show cause

notices were issued by the authority to the petitioners for

starting inquiry under the Act. Along with the complaints,

some record was produced by both the complainants.

During inquiry some record was taken over from the

aforesaid shop and residential place of the petitioners by

the competent authority. Inquiry was held in which

opportunity was given to the petitioners to have their say.

5)

After making inquiry, the authority has held as

follows :

(i)

Petitioners were doing money lending business

illegally.

(ii)

Transactions made with the complainants by the

petitioners were