aba-259-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO.259 OF 2022

RAJKUMAR GANGADHAR KOTALWAR

VERSUS

THE STATE OF MAHARASHTRA

…

WITH

CRIMINAL APPLICATION NO.907 OF 2022

…

Mr. S. J. Salunke, Advocate for applicant.

Mrs. Vaishali Patil Jadhav, APP for the respondent – State.

Mr. H. I. Pathan, Advocate for applicant in APPLN/907/2022

...

CORAM

:SMT. VIBHA KANKANWADI, J.

DATE

: 15.03.2022

ORDER :-

.

The applicant is apprehending his arrest in connection with Crime

No.27 of 2022 registered with Ahmedpur Police Station, Dist. Latur for

the offence punishable under Section 39 of Maharashtra Money-Lending

Regulation Act, 2014.

2.

Heard learned Advocate Mr. S. J. Salunke for the applicant and

learned APP Mrs. Vaishali Patil Jadhav for the respondent - State well

assisted by learned Advocate Mr. H. I. Pathan for the original

complainant. In order to cut short, it can be said that they have made

submissions in support of their respective contentions.

(1)

aba-259-2022.odt

3.

It is to be noted that the FIR has been lodged by one Rupesh

Chandrakant Sanghai, who appears to be the Registrar, Cooperative

Society, Ahmedpur. It is on the basis of the complaint filed by

Dr. Avinash Rajendra Ugile, who is the applicant in Criminal Application

No.907 of 2022 stating that he had taken loan of Rs.3,00,000/- in

January, 2017. The applicant had charged him interest at the rate of

Rs.3% per hundred. He states that he had repaid that loan. He then

states that whenever he used to be in financial need, he used to take

amount from the applicant and uptill now, he has repaid amount of

Rs.39,31,600/- together with interest. He had given certain cheques

also to the applicant. According to the original complainant, the

applicant is doing illegal money-lending. It has been further stated in

the FIR that the inquiry into the complaint was made and the residence

of the applicant was searched. They have found various documents and

then the concerned authority has come to the conclusion that he is doing

illegal money-lending business. In other words, he is doing business of

money-lending without valid licence. It is, therefore, stated that he has

committed offence punishable under Section 39 of the Maharashtra

Money-Lending Regulation Act, 2014 .

4.

Important point to be noted here is that his search has already

been done by the competent authority on 27.11.2021 and 29.11.2021

(2)

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and many documents have been seized. Section 39 of the Money-

Lending Act prescribes for the punishment of either description for a

term which may extend to five years or with fine which may extend to

fifty thousand rupees or with both. Under such circumstance, the ratio

laid down in Arnesh Kumar Vs. State of Bihar and another, [(2014) 8

SCC 273] will have to be followed by the Investigating Officer. Except

stating that certain more documents are required to be seized, there

appears to be nothing which can be stated by the Investigating Officer as

a reason for arrest under Section 41-A of the Code of Criminal

Procedure. When already search has taken place, then which documents

have been left is not made known by the Investigating Officer. He

cannot just imagine that certain more documents would be with the

applicant. Asking the applicant to cooperate with the investigation and

produce all those documents which would be called upon by the

investigating officer would suffice in this case and, therefore, the

application deserves to be allowed :-

ORDER

I)

Application stands allowed.

II)

In the event of arrest of the applicant – Rajkumar

Gangadhar Kotalwar in connection with Crime No.27 of 2022

registered with Ahmedpur Police Station, Dist. Latur for the

(3)

aba-259-2022.odt

offences punishable under Sections 39 of the Maharashtra Money-

Lending Regulation Act, 2014, he be released on P. R. Bond of

Rs.50,000/- with two solvent sureties of Rs.25,000/- each.