Advocates:
['THOKE DHANANJAY B', 'COPY SERVED ON PP', '', 'BRAHME SHAILESH P AND SYED AZIZODDIN R', 'FOR R NO']

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO. 1091 OF 2016

The Bhusawal People's Co-operative

Bank Ltd., Bhusawal,

Tq. Bhusawal, Dist. Jalgaon

(Under Liquidation)

Through Its Authorized Officer

Dashrath Mukunda Ingale

Age: 58 years, Occu.: Service

..PETITIONER

VERSUS

1. Subhash Dattatraya Patil

Age: Major, Occu.: Service,

R/o Juna Satara, Plot No.2,

Bhusawal, Tq. Bhusawal, Dist. Jalgaon.

2. State of Maharashtra

Through Police Station Yawal,

Tq. Yawal, Dist. Jalgaon.

..RESPONDENTS

WITH

CRIMINAL WRIT PETITION NO. 1092 OF 2016

The Bhusawal People's Co-operative

Bank Ltd., Bhusawal,

Tq. Bhusawal, Dist. Jalgaon

(Under Liquidation)

Through Its Authorized Officer

Dashrath Mukunda Ingale

Age: 58 years, Occu.: Service

..PETITIONER

VERSUS

1. Prakash Bhalchandra Patil

Age: 59 years, Occu.: Service,

R/o Shanti Nagar, Bhusawal,

Tq. Bhusawal, Dist. Jalgaon.

2

11-CRWP-1091-16

2. State of Maharashtra

Through Police Station Yawal,

Tq. Yawal, Dist. Jalgaon.

..RESPONDENTS

WITH

CRIMINAL WRIT PETITION NO. 1093 OF 2016

The Bhusawal People's Co-operative

Bank Ltd., Bhusawal,

Tq. Bhusawal, Dist. Jalgaon

(Under Liquidation)

Through Its Authorized Officer

Dashrath Mukunda Ingale

Age: 58 years, Occu.: Service

..PETITIONER

VERSUS

1. Durgadas Pandurang Mahajan

Age: 56 years, Occu.: Service,

R/o Ganesh Puri, Bhusawal,

Tq. Bhusawal, Dist. Jalgaon.

2. State of Maharashtra

Through Police Station Yawal,

Tq. Yawal, Dist. Jalgaon.

..RESPONDENTS

----

Mr. D.B. Thoke, Advocate for petitioner.

Mr. S.P. Brahme, Advocate for respondent no.1.

Ms. R.P. Gaur, A.P.P. for respondent no.2 - State.

----

CORAM : SANGITRAO S. PATIL, J.

DATE : 25^th JUNE, 2018

ORAL JUDGMENT :-

Rule, made returnable forthwith. With the

consent of the learned Counsel for the petitioner and

respondent no.1 and the learned A.P.P., heard finally.

3

11-CRWP-1091-16

2.

These writ petitions have arisen out of the same

crime bearing registration no. 31 of 2017 registered with

Police Station Yawal, Dist. Jalgaon for the offences

punishable under Sections 420, 409, 197, 198 r/w Section

34 of the Indian Penal Code (“I.P.C.” for short).

Therefore, they are being decided by this common judgment.

3.

It is alleged that during the period from 24^th

September, 2004 to 11^th May, 2007, gold loans were

sanctioned and disbursed to 48 borrowers of Bhusawal

People's Co-operative Bank, Branch Yawal (“the Bank” for

short). It was subsequently noticed that the gold

ornaments pledged by them were not genuine. It was on the

basis of the false and forged valuation reports that those

borrowers had obtained loans having total of

Rs.1,20,88,560/-. The Manging Director of the bank lodged

an F.I.R., on the basis of which the above numbered crime

came to be registered.

4.

Respondent no.1 (accused no.52) in Criminal Writ

Petition no. 1091 of 2016 was serving as a clerk,

Respondent no.1 (accused no.50) in Criminal Writ Petition

4

11-CRWP-1091-16

no. 1092 of 2016 was the then in-charge Branch Manager and

Respondent no.1 (accused no. 51) in Criminal Writ Petition

no. 1093 of 2016 was serving as a clerk at the relevant

time. (These accused – respondents are hereinafter

referred to as “the respondents” collectively.)

Therefore, these respondents also came to be added as

accused persons. They filed applications before the

learned Chief Judicial Magistrate, Jalgaon for their

discharge of the above mentioned offences on the say that

they were not at all responsible for sanction and

disbursment of gold loans on the basis of fake ornaments.

The gold loans were sanctioned on the basis of the

valuation reports given by the authorized valuer of the

bank. They had no role to play in accepting the gold

ornaments. Their applications came to be rejected by the

learned Chief Judicial Magistrate