1 WP 2712/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2712 OF 2009 Smt. Shahnaz Aslam Shaikh ..... Petitioner. V/s The Chairman, Shri Rajaram Dinkar Pangavhane (Patil), & Ors. ..... Respondents. Mr. Prashant D. Patil for the Petitioner. Mr. D.R. More, APP for the State. CORAM: V. M. KANADE, J. DATE : 27th September, 2010 P.C.:- 1. Heard the learned Counsel for the Petitioner. 2. Petitioner is aggrieved by the order passed by the learned Judicial Magistrate, First Class who was pleased to dismiss the complaint which was filed by him against the Respondent Nos. 1 to 4 herein for the offence punishable under sections 193, 420, 426, 448, 468, 120B read with section 34 of the Indian Penal Code. This order was confirmed by the Sessions court in revision. Both the Courts have dismissed the complaint filed by the Petitioner on the ground that the dispute was a civil dispute between the 2 WP 2712/09 parties. 3. Allegation of the Petitioner is that Respondent No.1 who is a Chairman of Nashik Zilla Industrial Mercantile Co-op. Bank Limited and Respondent Nos. 2 and 3 who are Special Recovery Officer and Branch Officer of the said Bank respectively have sealed the Petitioner’s shop though it was not mortgaged with the Bank. It is also alleged that though the Petitioner has repaid the entire loan amount, Respondent Nos. 1 and 3 have fabricated the accounts and have shown that some amount was still due and payable. 4. Both the Courts below, after having gone through the record, have observed that remedy which is open to the Petitioner is to approach the appropriate forum. In my view, there is no infirmity in the said order. No case, therefore, is made out for interference with the impugned orders passed by both the Courts below while exercising writ jurisdiction of this Court under Article 227 of the Constitution of India. 5. Writ Petition is accordingly dismissed. It is clarified that it is always open for the Petitioner to take out appropriate proceedings for redressing his grievance against the Bank Officials. (V.M. KANADE, J.) 3 WP 2712/09 (V.M. KANADE, J.)