1 wp-2556-2557-309-310-2010 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO. 2556 OF 2010 Sirajkhan Daulatkhan Pathan ... Petitioner Versus The State of Maharashtra and anr. ... Respondents WITH CRIMINAL WRIT PETITION NO. 2557 OF 2010 Jameer Jayamuddin Sheikh ... Petitioner Versus The State of Maharashtra and anr. ... Respondents WITH CRIMINAL WRIT PETITION NO. 309 OF 2010 Mausin Jilani Sheikh ... Petitioner Versus The State of Maharashtra ... Respondent WITH CRIMINAL WRIT PETITION NO. 310 OF 2010 Ashish Ramkumar Vyas ... Petitioner Versus The State of Maharashtra ... Respondent Mr. Vijay Killedar, Advocate for the petitioners. Mr. P.S. Hingorani, A.P.P. for State. Mr. Ravindra Lokhande, Advocate for respondent no. 2 in Writ 2 wp-2556-2557-309-310-2010 Petition No. 309 of 2010 and Writ Petition No. 310 of 2010. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : FEBRUARY 23, 2011 P.C. 1. This is a common order in four petitions filed by accused no. 2, 4, 5 and 6 for quashing the complaint filed at the instance of respondent no. 2, the original complainant. 2. On 22nd June, 2004 respondent no. 2 filed FIR No 334 of 2004 with Kothrud Police Station for the offence punishable under sections 392, 420, 468, 471 read with section 34 of Indian Penal Code. The complainant is the owner of Tata Sumo vehicle bearing registration No. MAH-20-U-5385, Engine no. 497SP26LZZ775221 and chasis no. 451055lZZ-925118 of the year 2001. All the petitioners are employees of Agarwal Money Finance company. As per the complaint, the petitioners took forcible custody of the vehicle from the driver of complainant, Pravin Wagh on 13th June, 2004 claiming that the vehicle belongs to one Raghunath Jadhav who had taken loan from Agarwal Money Finance Company which loan had remained 3 wp-2556-2557-309-310-2010 unpaid. The loan was in the sum of Rs.1,38,000/-. It is the case of the complainant that he had purchased the vehicle in the year 2000 by taking loan from Cholamandalam Investment and Finance Company, Branch Usmanpura, Aurangabad of Rs. 2,45,000/-. The vehicle was purchased from a dealer in Aurangabad by name M/s. Satish Motors. At that time he had made payment of Rs.1,37,485/-. It is the case of the complainant that after taking possession of the vehicle from the dealer, he has by honouring all the 36 installments, repaid the loan by 15th October, 2003 and got the vehicle transfered in his own name. It is his case that since the year 2002, the vehicle has been hired to M/s. Nuclear Software Engineering Pvt. Ltd. 1305, Kasba Peth, Pune on hire charges of Rs.16000/- per month. The vehicle used to be driven by driver of respondent no.2 by name Pravin Wagh. 3. There is no dispute that the petitioners had on 13th June, 2004 at 8.00 a.m. taken custody of the vehicle from Kothrud Pune when the vehicle was driven by Pravin Wagh and two 4 wp-2556-2557-309-310-2010 employees of M/s. Nuclear Software Engineering Pvt. Ltd. by name Mr. Bhand and Mr. Bhodwe were in the vehicle. Mr. Killedar the learned counsel for the petitioner submits that Agarwal Money Finance Company has filed a complaint alleging cheating to which respondent no. 2 has been arrayed as accused. Both respondent no. 2 and M/s. Agarwal Money Finance Company claim to be having original documents concerning the same vehicle. In these circumstances, it cannot be said that the FIR does not disclose the offence. The prosecution must be given an opportunity to bring evidence before the court to substantiate its allegations. Hence, all the petitions are dismissed. [Judge]