1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3159 OF 2008 (Govind Trimbak Shinkar vs. The State of Maharashtra and another) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. P.P.Chavan, Adv., for the applicant. Mr.P.M.Shinde, APP for respondent State. Mr. M.L.Sangit, Adv., for respondent no.2. ... CORAM: K.U.CHANDIWAL, J. DATE: 3/8/2009 P.C.:- 1. Heard learned Counsel for the respective parties extensively. 2. Pursuant to monetary transactions, Vitthal Trimbak Wani, respondent no.2, issued cheques to the present applicant. It was in discharge of liability. The cheques were presented. They were dishonoured. Statutory compliance contemplated under Sections 138 and 141 of Negotiable Instruments Act was adhered to. Failure by respondent no.2, to meet his obligation, resulted in seeking redressal before the learned Judicial Magistrate, First Class, at Malegaon, 2 district Nashik. 3. It was after these proceedings, respondent no.2 herein approached the D.S.P., Nashik, with allegations under Money Lenders Act against the original complainant/applicant herein. 4. The course adopted by the learned Counsel for respondent no.2 is by virtue of Section 32-A and 32-B of the Bombay Money Lenders Act, 1946, which reads as under: "32A: Whoever in any document required by, or for the purpose of, any of the provisions of this Act, wilfully makes a statement in any material particulars knowing it to be false, shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both. 32B. Whoever,- (a) obtains a licence in the name which is not his true name or carries on the business of money-lending under the licence so obtained, or, (b) carries on the business of money-lending at any place without holding a valid licence authorising him to carry on such business at such place, or (c) enters into any agreement in the course of business of money-lending without a valid licence, or under a 3 licence obtained in the name which is not his true name, shall, on conviction, be punished, (i) for the first offence, with imprisonment of either description which may extend to one year or with fine which may extend to rupees one thousand and five hundred or with both, and (ii) for the second or subsequent offence, in addition to, or in lieu of, the penalty specified in clause (i), with imprisonment which shall not be less than two years, where such person is not a company, and with fine which shall not be less than rupees five thousand, where such person is a company." 5. The respondent no.2 has, in past, availed hand loans from several persons, issued cheques to them, on dishonour, faced prosecution under Section 138 of Negotiable Instruments Act and then dragged creditors in proceedings under Bombay Money-Lenders Act 1946. It is prima facie obvious that respondent no.2 has adopted a very novel way of dodging legitimate claimants by resorting to prosecution resulting in persecution of the individuals who have obliged respondent no.2 timely to assist in his need. 6. Issuance of cheque and its dishonour, attracts the provisions of Negotiable Instruments Act. It will not be taking the colour and complexion of the Bombay Money-Lenders Act, 1946. 4 Respondent no.2, even prima facie, could not establish that the complainant had disbursed such hand loans on exorbitant interest to several others and he is indulging in a private unlicensed money lending. 7. In the scenario, I do not find any reason for the learned Judge to find merit to issue process under Money Lenders Act, 1946. The action is definitely a ruse discovered by respondent no.2 to ventilate his grievance crept in due to proceedings under Section 138 of Negotiable Instruments Act. Consequently, the First information Report vide crime No.3013/2006 registered at Chalisgaon Police Station, against Govind Trimbak Shinkar, Abhay Govind Shinkar and Sanjay Govind Shinkar is quashed and set aside. (K.U.CHANDIWAL) JUDGE agp/3159-08