SUHAS @ PAPPU S/O. SARJERAO KAKADE & ANR. Vs. THE STATE OF MAHARASHTRA & ANR.
LAWS(BOM)-2017-3-58
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on March 15,2017

Suhas @ Pappu S/O. Sarjerao Kakade And Anr. Appellant
VERSUS
The State of Maharashtra And Anr. Respondents

JUDGEMENT

S.S. Shinde, J. - (1.) Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.
(2.) This Application is filed by the Applicants praying therein to quash and set aside the First Information Report bearing Crime No.75 of 2016 registered against them on 24th May, 2016 at Police Station Basmathnagar for the offence punishable under Section 306 read with 34 of the Indian Penal Code.
(3.) It is the case of the Applicants that they are partners of Bhagyalaxmi Finance Corporation, Basmathnagar. They are license holder for doing the business of finance i.e. money lending. The counsel appearing for the Applicants invites our attention to the copy of license, which is placed on record. It is the case of the Applicants that brother of informant i.e. deceased Surendra obtained loan of Rs.4,00,000/from the Applicants on 8th November 2014 and again obtained loan of Rs.4,00,000/on 17th November 2014. The Applicants advanced the loan as said Surendra had on earlier three occasions obtained loan from them and also repaid the same without any default. Thus out of trust and faith, the Applicants have advanced loan of Rs.8,00,000/in all to deceased Surendra. The Applicants paid the loan by two cheques in the name of deceased after completing all the formalities. Since the deceased Surendra did not repay the loans, the Applicants requested him for repayment of the loan and deceased gave cheque of Rs.8,43,396 bearing No.873039 dated 19th March 2015 in the name of Bhagyalaxmi Finance Corporation. Upon presentation for encashment, the said cheque was dishonoured for the reason of "funds insufficient " and therefore the Applicants resorted to legal proceedings against the deceased Surendra by filing complaint under Section 138 of the Negotiable Instruments Act on 1st June 2015 before the learned J.M.F.C. Basmathnagar. The learned J.M.F.C. by its order dated 29th October 2015 issued process against Surendra. It is the case of the Applicants that they never threatened Surendra nor caused any harassment. The Applicants were pursuing legal remedies available to them as per law but unfortunately Surendra committed suicide on 24th May 2016. Brother of deceased Surendra lodged complaint with police station, Basmathnagar for the offence punishable under Section 306 read with 34 of the Indian Penal Code against in all five persons who offered loan to the deceased. The Applicants are amongst those five persons named in the First Information Report. The informant complained that Surendra committed suicide as those five persons were threatening and harassing Surendra on the count of repayment of loan. It is the case of the Applicants that they have not committed any offence and they are falsely implicated in alleged offences and therefore the present Application is filed seeking quashment of the complaint/ F.I.R.;


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