1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.529 OF 2009 Bipinchandra Srimal Jain, age: years, Occ: Chartered Accountant, R/o C/o 502, Shreeram Complex, Sakri Road, Dhule, District Dhule. Petitioner Versus 1 The State of Maharashtra, through Dhule Police Station, Dhule, District Dhule. 2 Lalchand Babulal Sharma, age: 76 years, Occ: Pensioner, R/o 2­A, Shivshakti Colony, Chittod Road, Dhule. Respondents Mukul Kulkarni, advocate for the petitioner. Mr.V.H.Dighe, A.P.P. For Respondent No.1. Mr.S.I.Nandode, advocate for Respondent No.2. CORAM: R.M.BORDE, J. DATE : 26th June, 2009. ORAL JUDGMENT: 1 Heard Mr.Mukul Kulkarni, learned Counsel for the petitioner, Mr.V.H.Dighe, learned A.P.P. For Respondent No.1 and Mr.S.I.Nandode, learned Counsel for Respondent No.2. 2 Rule, made returnable forthwith and heard finally by consent of the parties. 2 3 The complaint was filed by Respondent No.2 against the petitioner, who is a Chartered Accountant, alleging commission of offence punishable under Section 406 of I.P.C. According to informant, he had tendered an amount of Rs.5300/­ with the Chartered Accountant for deposit of income tax. However, while filing the Returns, it is alleged, that the accused has deposited only Rs.500/­ and as such appropriated the balance amount for his own benefit. 4 Respondent No.2 – complainant has caused his appearance suo motu and tendered affidavit­in­reply explaining that the complaint was lodged as a result of certain misunderstanding. He has further stated in his affidavit that he has no grievance subsisting against the petitioner herein, as such, criminal proceedings be quashed. 5 I have perused the affidavit­in­reply tendered by Respondent No.2. Criminal Proceedings, initiated in pursuant to registration of Crime No.92/2009 at Police Station Dhule, needs to be quashed. 6 In the result, Writ Petition is allowed in terms of prayer clause (A). Rule is accordingly made absolute in above terms. (R.M.BORDE) JUDGE ******* adb/criwp52909