cra1612.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1612 OF 2010 1) Siraj Suleman Kacchi, R/o-Roja Mohalla, Kaij, Tq-Kaij, Dist-Beed. 2) Chandrasen Machindra Jagtap R/o-Bavi, Tq-Washi, Dist-Osmanabad. ...APPLICANTS. VERSUS 1) The State of Maharashtra, 2) The District Superintendent Police, Osmanabad, 3) Manager, Osmanabad Janta Bank, Kallam, Through, Shri. Parmeshwar Mahadeoappa Topge. ...RESPONDENTS. ... Shri.S.B. Rohile Advocate for Applicants. Shri.K.G. Patil, A.P.P. for Respondent Nos. 1 and 2. ... CORAM: T.V. NALAWADE, J. DATE : 25TH APRIL, 2011. cra1612.10 2 PER COURT : 1. This Application is filed for quashing and setting aside the F.I.R. registered on the basis of the complaint referred by the J.M.F.C., Kallam to Police under Section 156(3) of the Code of Criminal Procedure. Private complaint was filed by officer of Bank against three persons including the present Applicants. The allegations are made by the Bank that accused No.1 Anil Kawade has taken loan from Bank and deed of mortgage is executed in favour of Bank in respect of five acre portion of Survey No.119 situated at Kallam. The deed is said to be registered and the date of registration is given as 11th June, 1993. The allegations are made that on 29th January 2003, by hand in gloves with the present Applicants, accused No.1 Anil Kawade sold 34 R portion of the said land for the consideration of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) to the present Applicants and thus the Bank is cra1612.10 3 cheated and the loss is caused to the Bank. 2. On the basis of allegations, the J.M.F.C. made order under Section 156(3) of Code of Criminal Procedure and the matter was sent to the police for investigation, way back in the year 2006. Present proceeding came to be filed on 26th April, 2010. Heard Advocate for the Applicant and learned A.P.P. for Respondent Nos. 1 and 2. In view of the facts of the matter, no need was felt to give hearing to the Bank. 3. In view of the aforesaid allegations made against owner of the land and the present Applicants, the matter is referred for investigation, under Section 156(3) of the Code of Criminal Procedure by the J.M.F.C. Document was registered and when there is such loan transaction the debtor is not expected to give possession of the property to the third party without taking permission of the creditor. If such possession is cra1612.10 4 given and transaction like sale is made, loss is caused to the creditor. As the transaction was registered, it was responsibility of the present Applicants to take search of the record and to ascertain that there was no encumbrance of anybody like Bank. The case of the Applicants that they had no knowledge about such transaction, cannot be accepted in view of the aforesaid circumstances. In view of the same circumstances, the investigating agency cannot be prevented from making investigation of the case. Thus, there are no merits in the proceedings and the Application stands rejected. [T.V. NALAWADE,J.] asb/APR11/cra1612.10