1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Writ Petition No.740 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The petitioners borrowed loan from the Bank on hypothecation of the property including goods in the godown. The Bank lodged the complaint before the Chief Judicial Magistrate, Jalgaon, vide RCC No.65/2006, alleging that there were goods found in the premises of plot No.F-72 in the MIDC area. The accused Nos.2 and 3 allegedly gave an affidavit in which it has been mentioned that no goods were kept in the premises. The loan was disbursed on the basis of statement of the accused persons that goods worth Rs.91,21,550/- (Rupees ninety one lacs twenty one thousand five hundred fifty) were in the premises. The hypothecated goods were found to have been disposed of and thus the Bank alleged that there was loss caused due to unavailability of such goods. It is contended by learned advocate that Section 409 of the I.P.C. will not be attracted. That is true. However, the act of the petitioners may fall within the ambit of Section 420 of the I.P.Code. Consequently, there is substantial reason to quash the private complaint case filed by the Bank. The petition is dismissed in limine. (V.R.KINGAONKAR,J.) Dt.26.08.2009. asp/office/Crwp740.09