: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRI.WRIT PETITION NO.880/2007 CRI.WRIT PETITION NO.880/2007 CRI.WRIT PETITION NO.880/2007 ------------------------------------------------------- ------------------------------------------------------- ------------------------------------------------------- Office Notes, Office Office Notes, Office Office Notes, Office Memoranda of Coram Court’s or Judge’s orders Memoranda of Coram Court’s or Judge’s orders Memoranda of Coram Court’s or Judge’s orders appearances, Court’s appearances, Court’s appearances, Court’s orders or directions and orders or directions and orders or directions and Registrar’s orders Registrar’s orders Registrar’s orders ------------------------------------------------------- ------------------------------------------------------- ------------------------------------------------------- Mr.Rupesh Nalavade for Petitioner Mr.Rupesh Nalavade for Petitioner Mr.Rupesh Nalavade for Petitioner Ms.M.H.Mhatre APP for State Ms.M.H.Mhatre APP for State Ms.M.H.Mhatre APP for State Coram : R.S.Mohite, J Coram : R.S.Mohite, J Coram : R.S.Mohite, J Date : 26th November, 2007 Date : 26th November, 2007 Date : 26th November, 2007 PC PC PC 1. On the last occasion, matter 1. On the last occasion, matter 1. On the last occasion, matter was taken up. Perused the papers. was taken up. Perused the papers. was taken up. Perused the papers. It was then made clear that if the It was then made clear that if the It was then made clear that if the Advocate remained absent on the Advocate remained absent on the Advocate remained absent on the next date, matter will be decided next date, matter will be decided next date, matter will be decided on the basis of the record. on the basis of the record. on the basis of the record. 2. The challenge is to the order 2. The challenge is to the order 2. The challenge is to the order rejecting the the application for rejecting the the application for rejecting the the application for discharge. On perusal of the discharge. On perusal of the discharge. On perusal of the record it appears that earlier a record it appears that earlier a record it appears that earlier a case under sections 465, 467, 468, case under sections 465, 467, 468, case under sections 465, 467, 468, 471, 406 and 420 read with section 471, 406 and 420 read with section 471, 406 and 420 read with section 120-B of IPC was filed against the 120-B of IPC was filed against the 120-B of IPC was filed against the accused for obtaining loan from accused for obtaining loan from accused for obtaining loan from Satara Sahakari Bank Ltd on the Satara Sahakari Bank Ltd on the Satara Sahakari Bank Ltd on the : 2 : basis of false and fabricated basis of false and fabricated basis of false and fabricated documents. documents. documents. The finding of the trial Court is that there is trial Court is that there is trial Court is that there is material obtained during material obtained during material obtained during investigation to indicate the investigation to indicate the investigation to indicate the complicity of the present complicity of the present complicity of the present applicant in the conspiracy and applicant in the conspiracy and applicant in the conspiracy and that he had facilitated the that he had facilitated the that he had facilitated the co-accused to secure the loan from co-accused to secure the loan from co-accused to secure the loan from the bank. Not only that he also the bank. Not only that he also the bank. Not only that he also approached the witnesses Sanjay approached the witnesses Sanjay approached the witnesses Sanjay Jain and Fulchand Jain with pay Jain and Fulchand Jain with pay Jain and Fulchand Jain with pay orders issued by the bank on orders issued by the bank on orders issued by the bank on behalf of borrowers to get the behalf of borrowers to get the behalf of borrowers to get the same encashed as stated by these same encashed as stated by these same encashed as stated by these witnesses in their statements. It witnesses in their statements. It witnesses in their statements. It is therefore, found that there is is therefore, found that there is is therefore, found that there is sufficient material to proceed in sufficient material to proceed in sufficient material to proceed in sessions trial. Hence, rejected sessions trial. Hence, rejected sessions trial. Hence, rejected on merits. on merits. on merits. (R.S.Mohite, J) (R.S.Mohite, J) (R.S.Mohite, J) : 3 :