(1) CRI. WP. 1103.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1103 OF 2009 Pradeep S/o Vishwanath Waghmare .. Petitioner VERSUS The State of Maharashtra and anr. .. Respondents ... Mr. V.P. Latange, Advocate for the Petitioner Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 20TH OCTOBER, 2010 ORAL ORDER:- 1. By this Petition, the petitioner seeks indulgence of this Court for quashing of the FIR registered at Parner Police Station vide crime no. 241 of 2008 for offence under section 420, 468, 471 r/w. 34 of the Indian Penal Code. 2. Heard learned Advocate for the petitioner. It is argued by the learned Advocate that no prima facie case was made out against the petitioner and, therefore, he was granted anticipatory bail by this Court vide order dated 17.6.2010 in Criminal (2) CRI. WP. 1103.2009 Application no. 1513 of 2010. It is argued that since the petitioner had filed contempt proceedings against the Collector, Ahmednagar, the Criminal case has been instituted against the petitioner. It is therefore contended that the FIR and the consequent chargesheet filed against the petitioner are liable to be quashed inasmuch as the same are outcome of vengeance and there is no legal foundation to such criminal proceedings. 3. It appears that the petitioner was granted FL-III license for his hotel styled as "Hotel Milan". He was found in arrears of the excise duty. He filed the challan towards the excise duty for the period between 2006-2007 and 2007-2008. It appears that he filed a cheque alongwith the challan in order to make a show that he had paid the amount. However, the amount was not deposited in the treasury of the Government and the petitioner only produced xerox copy so as to obtain renewal of the license. This conduct of the petitioner prima facie is an act of cheating and fabrication of the record. (3) CRI. WP. 1103.2009 4. At this juncture, merits of the matter are not required to be considered. No case is made out for quashing of the criminal proceedings. Petition dismissed. The observations in this order be not considered while deciding any other matter on merits. Sd/- [V.R. KINGAONKAR, J.] arp