1 APPLN 1162 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1162 OF 2011 The Kolhapur Urban Co-op Bank Ltd. .. Applicant. versus The State of Maharashtra and anr .. Respondents. Mr. V. A. Shastri, for the Applicant. Mrs. M. R. Tidke, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 16th November, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent No.2 for the offence punishable under Section 420 of Indian Penal Code, rendered by learned Judicial Magistrate First Class, Court No.6, Kolhapur. Respondent No.2 had sought loan from the applicant bank by executing mortgage deed at exh.51 which stated that the property was not mortgaged anywhere and was free from any encumbrances. Learned Magistrate seems to have held that the bank must have caused the search report to be obtained and therefore, bank should have known that the property was mortgaged. The negligence of the bank manager or its official is a different issue. Question is what is the representation which respondent No.2 made to the bank while obtaining loan 2 APPLN 1162 OF 2011 and if he had stated in the mortgage deed that the property was not encumbered to anybody, then this would amount to making false representation. In view of this leave granted. Admit. Call Record and Proceeding. Action under Section 390 of Code of Criminal Procedure, 1908. (R. C. CHAVAN, J.)