1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1229 OF 2009 Susan Monterio .... Petitioner V/s. The State of Maharashtra & Ors. ..... Respondents Mr.Nitin Pradhan i/by M/s.Nankani & Associates, for the petitioner. Smt.M.M.Deshmukh APP a/w Mr.P.A.Pol, PP, for the respondent – State. Mr.Majeed Menon, for respondent No.3. Mr.Rathina Maravarman, for respondent No.4. CORAM :P.B.MAJMUDAR, & R.G.KETKAR, JJ. DATE : 19TH JANUARY, 2010 P.C. 1. Pursuant to our order dated 13-01-2010, respondent – Corporation Bank has has already filed reply on record and pointed out that the Bank has acted as per the rules and regulations. 2. By way of this petition, the petitioner has prayed that respondent Nos.1 and 2 may be directed to investigate the complaint dated 04-04-2009 and to take appropriate action in accordance with law. Mr.Mahesh Kisanrao Ingale, Investigating Officer, has already filed reply. In the reply, it is averred that petitioner has filed a complaint in respect of the amount which was already deposited in the account of the company by the accused two months prior to the filing of the complaint and the 2 accused has withdrawn the properties against which overdraft facility was sanction from the bank, due to which amount of overdraft facility was reduced. In the reply, it is also pointed out that petitioner has not made any criminal offence and dispute is of civil nature and hence, no investigation was carried out. Since the Investigating Officer has already carried out the investigation, whatever may be the report prepared by such officer on the basis of evidence on record, may be placed before the concerned Magistrate. Learned Magistrate on receiving such report from the Police, may pass appropriate order in this behalf. However, before passing any final order, the Magistrate, if found necessary, may give hearing to the original complainant and may pass appropriate order in connection with the report submitted in this behalf. In case the petitioner has any grievance thereafter, in this behalf, it will be open to the petitioner to take appropriate remedy in accordance with law. It is clarified that we have not expressed any opinion on the merits of the complaint as it is for the concerned Police Officer to file a report before the Magistrate and the latter has to pass appropriate order in connection with the acceptance of the report in accordance with law. 3. Subject to what has been stated above, the writ petition is disposed of. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)