RANJITSINGH S/O DARSHANSINGH SIRDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD. Admit. Taken up for final hearing forthwith by consent of parties present before the Court.

(2.) APPLICANT is seeking to quash FIR registered with respondent No.2 Police Station vide Crime No.2/2010 for the offences punishable under Sections 395 and 323 of the Indian Penal Code.

(3.) EVEN though the story put up by the Bank in its report as to seizure of truck by it in view of defaults by the applicant-borrower and its removal by the applicant and his associates is presumed to be true, still that practice is deprecable. In ICICI Bank Limited v. Prakash and ors. reported in (2007) 2 SCC 711, the Apex Court had directed release of truck seized by the ICICI Bank on payment of certain amount by the truck owner. However, while parting with its judgment, the Apex Court in paragraph 16 observed thus :