1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.295/2010 Applicant :- Shri Vimalkumar s/o Santlal Shrivastava Aged about 36 years, Occu : Business, R/o Plot No.49, Patil Layout, 3rd Bus Stop, Gopal Nagar, Nagpur. ...Versus... Non-applicants :- 1. The State of Maharashtra Through P.S. Officer Sitabuldi Police Station, Nagpur, Tq. & Distt. Nagpur. 2. Shri Ravindralal s/o Biharilal Shrivastava Aged about 56 years, Occu : Business, r/o Plot No.6, Sheha Nagar, Wardha Road, Nagpur. ................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................ [Shri A.M. Rizwy, Adv. for applicant] [Shri D.B. Patel, APP for non-applicant No.1] CORAM : A.B. CHAUDHARI, J. DATED : 20.04.2010 1. This application is filed for quashing F.I.R. No.291/2009 registered with Police Station Sitabuldi under Sections 420, 468, 471 r/w 34 of the Indian Penal Code. 2. Affidavit-in-reply has been filed by non-applicant No.1. Having gone through the same, I find that it is difficult for this Court to appreciate at this stage the submission made by learned Counsel for the applicant regarding factual aspect and unless the matter is thoroughly investigated including role 2 of the complainant, it is not possible for this Court to draw any conclusion prima facie in relation to the F.I.R.. It is not possible to quash the F.I.R. at such premature stage. 3. Learned Counsel for the applicant submits that the amount that was withdrawn has actually gone to the credit of the complainant by cheque and therefore, no case is made out against the applicant. 4. At present, it is not possible to say anything on this aspect unless the matter is thoroughly investigated by the police and it is expected that the police will investigate all sides. Criminal Application stands dispose of. JUDGE ssw