1 Cri.Appln.No.4068/09 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.4068 OF 2009 Nitin Jadhav ...Applicant. v. Jayshree S. Devkar & Anr. ...Respondents. Ms.Manisha Pant i/by Bhave and Co.,adv. For the Applicant. Ms.S.V.Gajare, APP For the Respondent No.2. CORAM : J.H. BHATIA, J. DATED : AUGUST 3, 2010 P.C. 1 Heard the learned counsel for the applicant and the learned APP. 2 Application is filed under Section 482 of the Cr.P.C. to quash the proceeding in Criminal Case No.239/PW/2009 pending on the file of Additional Metropolitan Magistrate, 15th Court, Mazgaon for the offences punishable under Sections 420, 504 and 506 of the I.P.C. It appears from the police papers filed with the charge-sheet that the present applicant and some others, who were running management of Mudra Art Education Society, had approached the complainant Jayshree and her husband Shantaram Devkar and represented to them that if they would advance an amount of Rs.3 lacs to the Mudra Art Education 2 Cri.Appln.No.4068/09 Society, Shantaram would be made life member of the society and also he would be elected president of the society for a period of 5 years from April, 1995 to 31st March, 2000. It was also assured that on expiry of five years an amount of Rs.6 lacs, being the double of the principal amount, would be refunded. A written agreement was executed. Present applicant was one of the signatories to that agreement. On the basis of that agreement, an amount of Rs.3 lacs was advanced. However, on expiry of the period of five years, repayment was not made. After sometime, Shantaram Devkar died because of the cancer and his wife Jayshree approached different authorities and then lodged report with the police. After investigation police filed chargesheet against the accused persons. On perusal of the F.I.R., the agreement and the other evidence collected by the police during the investigation, there appears prima- facie case of cheating against the applicant and others. Even though the respondent no.1/complainant may have the civil remedy for recovery of the amount, that does not mean that criminal case can not be filed. Taking into consideration the facts and circumstances and particularly when after the investigation, charge-sheet has been filed and even charge has been framed by the trial Court, I do not see any reason to interfere and to quash the proceeding. 3 Cri.Appln.No.4068/09 3 In the result, application stands dismissed. (J.H. BHATIA,J.)