drp {1} Cri. Application No.953/2008 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION 953 OF 2008 1. Shankarrao Ambrushi Borkar APPLICANTS Age-50 years, Occ-Business R/o Indapur, Tq-Washi Dist-Osmanabad 2. Uttam Baliram Gapat Age-52 years, Occ-Business R/o Indapur, Tq-Washi Dist-Osmanabad VERSUS 1. The State of Maharashtra RESPONDENTS 2. Prabhakar Ramrao Gapat Age-49 years, Occ-Business R/o Indapur, Tq-Washi Dist-Osmanabad ....... Mr.G.J.Kore, Advocate for the applicants Mr. G.R.Ingole, APP for respondent State Mr.V.R.Bhumkar, Advocate for respondent No.2 ....... [CORAM : A.V.POTDAR, J.] DATE: 31st March 2011 ORAL JUDGMENT: 1. After this application was restored, at the request of drp {2} Cri. Application No.953/2008 learned counsel for the parties, this application is heard, though it was not listed as such. 2. Rule. Rule made returnable forthwith. By consent of the parties, this application is heard finally at the stage of admission itself. 3. By the present application u/s 482 of the Criminal Procedure Code, the applicants have prayed to quash the FIR at Crime No.129/2009 lodged by respondent No.2 with Washi Police station for an offence punishable u/s 420, 467, 468 r/w 34 of the Indian Penal Code. 4, It is not disputed that the applicants are respectively founder chairman and founder director of Narsinha Cooperative Sugar Factory Ltd., Indapur. Perusal of the complaint discloses that on 26.01.1999, respondent No.2 had met the first applicant and expressed his willingness to become a member of the said sugar factory. Allegedly, he was informed that enrollment of members was in progress. Accordingly, he went in the office and paid Rs.3025/- and accordingly, receipt bearing No.512 signed by applicant No.1 and another was issued to him. It is further alleged that though twice lists of shareholders of the concerned sugar factory was published in the office of Collector, Osmanabad, yet his name did not figure in the same. Therefore, a complaint, for the said offence, was lodged. drp {3} Cri. Application No.953/2008 5. According to learned counsel for the applicants, even if the complaint is accepted as it is, it would not constitute an offence as alleged, as the list of share holders was suspended by the order of the Supreme Court. 6. With the assistance of learned counsel for the parties, perused the averments made in the complaint. On careful reading of the said averments, I do not find that there are any averments in respect of inducement by the applicants to the complainant to part with the money. There is also no averment in the complaint that the said amount was misappropriated by the applicants and thereby they gain wrongfully and wrongful loss was caused to the complainant. Ultimately, the document is neither forged nor was it used for the purpose of cheating. In the premise, after perusing the entire complaint, I am of the considered view that no offence, much less offence punishable u/s 420, 467 468 r/w 34 of the Indian Penal Code is made out. At this juncture, it may be useful to refer the observations of the Apex Court in the matter of “Ashok Basak V/s State of Maharashtra” 2010 (10) SCC 660, wherein it is observed in paragraph No.16 that the allegations in the FIR or complaint taken in their face value and accepted in their entirety if do not constitute the offence alleged, then these are the cases wherein the High Court to exercise the extra ordinary jurisdiction to quash the FIR. drp {4} Cri. Application No.953/2008 7. Perusal of the averments in the complaint prima faice does not constitute an offence punishable u/s 420, 467 and 468 r/w 34 of the Indian Penal Code. In the premise, this is a fit case to exercise extra ordinary jurisdiction vested in this Court u/s 482 of the Criminal Procedure Code to quash the FIR. 8. Resultantly, the application succeeds. The FIR at Crime No.129/2007 registered with Washi Police Station, Dist- Osmanabad is hereby quashed and set aside. Rule is thus made absolute as indicated above with no order as to costs. [A.V.POTDAR, J.] drp/B10/criapln953-08 drp {5} Cri. Application No.953/2008 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3203 OF 2009 IN CRIMINAL APPLICATION 953 OF 2008 Shankarrao Ambrushi Borkar & Another APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr.G.J.Kore, Advocate for the applicants Mr. G.R.Ingole, APP for respondent State Mr.V.R.Bhumkar, Advocate for respondent No.2 ....... [CORAM : A.V.POTDAR, J.] DATE: 31st March 2011 PER COURT: 1. By this application, the applicants pray to recall the order dated 30.08.2009 passed by this Court dismissing the matter for default. Heard learned counsel for the parties and for the reasons stated in the application, the application is allowed. Criminal Application No.953/2008 is accordingly restored. [A.V.POTDAR, J.] drp/B10/criapln953-08