1 criapln1607-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1607 OF 2010 Bharatkumar Tekchand Dembda & Ors. .. APPLICANTS V/s The State of Maha & Anr. .. RESPONDENS .... Mr.G.N.Kulkarni h/f Shri E.G.Irale,Adv.for applicants. Mr.D.V.Tele,APP.for State. .... CORAM : T.V.NALAWADE,JJ. DATE : 25/04/2011 ORAL ORDER 1] This application is filed for quashing and setting aside the F.I.R. which is registered as C.R.No.38/10 in Badnapur police station, Dist.Jalna. The crime is registered for offence punishable under Sections 405,421,424 and 34 of I.P.C. Notice was given to Public Prosecutor for the State and both sides are heard. Though no notice was given to the bank, the record like copy of F.I.R. it is sufficient to take care of the interest of the bank. 2] The bank has made allegations against the applicants that loan 2 criapln1607-10 of Rs.6,78,00,000/- was given by it to the present applicants for purchasing machinery and for that the machinery was hypothecated to the bank and some immovable property was mortgaged. The present applicants had also stood surety for this transaction. The applicants committed default in making payment of instalments. There was undertaking given by applicants not to dispose of the hypotheticated property for which loan was taken. The bank officers visited the factory premises of the applicants on 4/1/09. They noticed that the machinery for which the loan was taken, was not present in the factory premises even when undertaking was given not to dispose of this machinery. It is also mentioned in the F.I.R. that the applicants informed that the complaint of theft of the machinery is already given by them to police. The bank officers have feeling that the present applicants have dishonestly disposed of the machinery to cause loss to the bank. On the basis of these circumstances and by making such allegations, the report is given against the applicants. 3] The advocate of the applicants has relied on the circumstance that on 3/11/2009 the report was given by the applicants to police that one transformer and one press machine was missing and unknown person had committed theft of these machinery. Alongwith this proceeding, there is one more proceeding of similar nature between the same parties and similar contentions are made by the applicants. As the crime is registered on the basis of report given by the bank and 3 criapln1607-10 huge amount of the bank is involved, investigation into the matter needs to be made by the police and the investigating agency cannot be prevented from exercising the powers. No merits are found in the matter and so Application stands rejected. \ [T.V.NALAWADE,J.] umg/criapln1607-10