* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 257 OF 2009 Ravi Yuvraj Gaikwad & anr. .....Applicant v/s. The State of Maharashtra .....Respondent ======= Mr.Vijay Pradhan, Sr.Advocate with Mr.Omar Khaiyam Shaikh with Mr.Vikas Salvi i/by.Vikas Salvi & Associates, adv.for applicants. Mr.H.J.Dedhia, APP for State. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 20TH MARCH, 2009. P.C.: 1. Heard counsel for both sides. 2. This application is filed under Section 482 Cr.P.C. to challenge the order dated 10th November, 2008 passed by the Sessions court, Nashik rejecting application filed by the applicants for discharge from the proceedings in Sessions Case No.210 of 2007 arising out of C.R.No.16 of 2007 pending in the Sessions Court, Nashik. 3. One Suresh Ranganath Choudhari (since deceased) had obtained loan from ICICI bank for purchase of house. After * 2 * payment of the initial installments, because of his poor financial condition, he was unable to pay the balance installments. Consequently, the bank treated his loan account as a non-performing asset. The applicants at the relevant time were employees of M/s.Improcess Services Pvt.Ltd with whom ICICI Bank had entered into a contract for assistance in recovery of loans. The applicants started contacting Mr.Suresh Choudhary and visiting his residence in connection with recovery of the loan. On 13th January, 2007 applicant no.2 visited the residence of Suresh Choudhary at about 1.30 p.m. and informed Mr.Suresh and his wife that Mr.Suresh had been called by applicant no.1 for some work and took him to the office on his motorcycle. It appears that Mr.Suresh Choudhary while he was in the office of ICICI Bank, having taken there by applicant no.2, collapsed and died. As per the medical certificate, he died of shock due to myocardial infraction. After the death, the widow of Suresh Choudhary complained to the police that both the applicants had been harassing and torturing Mr.Suresh over a long period of time for recovery of the loan taken from ICICI Bank. She alleged that both the persons not only used to regularly visit the residence and issue threats but also used to take him away on the pretext of being called to the office of the bank. The statement also shows that on some occasion out of the persistent * 3 * demand, deceased Mr.Suresh had handed over the keys of the flat purchased by him to applicant no.1 and the family had shifted to another place in Nashik. Despite that, there was persistent demand from the applicants. The wife complained that continuous torture by the applicants for repayment of the loan caused tremendous tension for the deceased and he suffered myocardial infraction. The allegations made by the wife including several details as regards the visit of the applicant to the residence have been corroborated by the son and daughter-in-law of the deceased. 4. Mr.Pradhan, learned counsel for the applicants submits that the applicants have been accused of the offence punishable under Section 304 IPC, for that purpose it is necessary for the prosecution to establish that the act done was either with the knowledge that it is likely to cause death or to cause such bodily injury as is likely to cause death. According to him, this is not spelt out anywhere in the complaint filed. Therefore, the complaint is liable to be quashed. As has been rightly pointed out by the learned Sessions Judge, the statement of the widow of Mr.Suresh Choudhary and of other witnesses prima-facie establish the involvement of the applicants. The conduct or the acts alleged on the part of the applicants would, naturally result into creation of mental tension for a person * 4 * leading to mental torture. At this prima-facie stage of the matter, no more is required to be established as regards either the intention or the knowledge on the part of the applicants. Therefore, no interference is called for with the impugned order. The application is dismissed. [JUDGE]