1 Cri.Appln.Nos.4569/10; 4576/10; 4574/20 & 4572/10 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4569/2010 (Jitendra Chamanlal Shah and & 13 Ors. Vs. Police Inspector, LCB Nandurbar and Anr.) with CRIMINAL APPLICATION NO.4576/2010 (1.Bansi Onkar Patil and 8 Ors. Vs. Police Inspector, LCB Nandurbar and Anr.) with CRIMINAL APPLICATION NO.4574/2010 (Vijay Vitthal Patil and 3 Ors. Vs. Police Inspector, LCB, Nandurbar and Anr.) with CRIMINAL APPLICATION NO.4572/2010 (Niraj Virendra Shah Vs.Police Inspector, LCB, Nandurbar and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.PP Chavan & Mr.AH Kapadia, Adv. for applicants; Mr.VH Dighe, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 10 th February, 2011. ... 1) Heard. 2) Learned Counsel for the applicants/accused, on instructions, withdraws Criminal Application Nos. 4569/2010, 4576/2010 and 4574/2010. Allowed to be withdrawn and disposed of. 3) Mr.Chavan, reiterates that the applicants – Vijay Vitthal Patil and other partners (in Cri. Application No. 4574/2010) have indeed repaid the amounts as one time settlement. 4) Learned APP disputes the position, informing that the bank official, who 2 Cri.Appln.Nos.4569/10; 4576/10; 4574/20 & 4572/10 has issued No Dues Certificate is also facing the prosecution. This Court, without commenting on above observation permits to withdraw the application. 5) After extensively arguing the matter, Mr.Chavan and Mr.Kapadia for respective parties have requested for protection to each of the applicants to prosecute appropriate proceedings, challenging either the criminal prosecution or taking recourse to the proceedings under section 438 Cr.P.C. 6) Learned APP has objected to entertain the same, pointing that since last three months, there is no protection in favour of any of the applicants, barring Chairman – Sow.Kamalben Purushottam Patil and her husband/Director – Shri Purushottam Kalu Patil. 7) Considering the plight faced by each of the applicants and since they desire to adopt appropriate proceedings, no coercive action be taken against any of the applicants, who have withdrawn the criminal applications today till 28th February, 2011. 8) So far as the applicant in Criminal Application No.4572/2010 is concerned, he is a borrower, learned APP accepts that the entire amount is paid and nothing is to be recovered from the said applicant/borrower. Consequently,the 3 Cri.Appln.Nos.4569/10; 4576/10; 4574/20 & 4572/10 allegations of the complainant will not survive, hence the proceedings to the extent of applicant – Niraj Virendra Shah are quashed. Application disposed of. (K.U.CHANDIWAL) JUDGE bdv/