1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1605 OF 2008 Sandeep Narayandas Chabbaria ..Petitioner -versus The State of Maharashtra .. Respondents Mr.Milan Desai, for the petitioners Mr.Y.S.Shinde, APP for state CORAM: A.V.POTDAR, J. DATED: 12 the February,2009 P.C. 1. Heard both sides. The second respondent absent though duly served. By the present writ petition, the petitioner has prayed that he be discharged from the charge framed in C.C 172/W/2007 pending on the file of 40th Metropolitan Magistrate Court at Girgaon, Bombay as the petitioner is charged under section 406 of the Indian Penal Code. During the course of submissions, advocate for the petitioner as well as learned APP taken me through the entire record and proceeding annexed with the petition. The complaint was filed by the second respondent against the petitioner for an offence allegedly committed by him under section 406 of the Indian Penal Code. It is a Private complaint in the nature. The charge framed by the learned Additional Metropolitan Magistrate,40th Court, Exhibit E, page 2 70 of the compilation, considering the allegations made against the present petitioner, who is joint account holder alongwith the deceased mother of the complainant and he has transferred Rs.23500, in another account by cheque drawn on the joint account under his signature. After reading the contents of the complaint, they do not find any of the ingredient, even prima facie stand to frame charge u/s 406 of the Indian Penal. If the entire evidence collected during the investigation remained unchallenged, even then no specific ingredient of the charge framed against the petitioner is established. Then the petitioner is entitled for the discharge from the offence charged. Thus the petition succeeds and deserve following order. ORDER. I)Writ Petition allowed in terms of prayer clause © and (d) of the Writ Petition and stands disposed of. II) No order as to costs. III)Petition stands disposed of accordingly. (A.V.POTDAR, J. )