1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NOS. 83 OF 2009 AND 832 OF 2009 IN CRIMINAL PETITION NO. 221 OF 2008 (Sanjeev Chandan .v. State of Maharashtra and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Smt. M.N. Maniyar, Advocate for the applicant. Ms. Sangita Jachak, APP for the respondent Nos.1 to 3. Ms. Trupti Udeshi, Advocate h/f Shri A.C. Dharmadhikari, Advocate for the respondent No.4. CORAM : A.H. JOSHI AND PRASANNA B. VARALE, JJ. 31ST AUGUST, 2010. 1. Heard. 2. The Court finds that the respondent No.6 who is not yet served with the notices of Civil Applications for condonation and restoration. It is seen that no relief is sought against him. 3. Therefore, without waiting for service of notices of these applications, these applications can be heard. Criminal Writ Petition No. 221 of 2008 is restored to the file. 4. Accepting the reasons contained in Civil Application Nos.83 of 2009 and 82 of 2009, both these applications are allowed. JUDGE JUDGE *rrg. 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL PETITION NO. 221 OF 2008 (Sanjeev Chandan .v. State of Maharashtra and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Smt. M.N. Maniyar, Advocate for the petitioner. Ms. Sangita Jachak, APP for the respondent Nos.1 to 3. Ms. Trupti Udeshi, Advocate h/f Shri A.C. Dharmadhikari, Advocate for the respondent No.4. CORAM : A.H. JOSHI AND PRASANNA B. VARALE, JJ. 31ST AUGUST, 2010. 1. Heard. 2. Petitioner’s grievance is that the police should investigate in the complaint dated 17.02.2007 (Annexure-A). 3. We have perused the annexures. We find that it could be a case of erroneous payments which have been recovered. 4. Receiving excess allowances may not ip so facto amount to cheating. 5. Petitioner’s bona fides are not obvious. 6. No interference is warranted. Petition has no merit. Petition is dismissed. JUDGE JUDGE *rrg.