BAJRANG PRALHAD AVATADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has been chargesheeted for the offence under Section 364A , 386 , 504 , 506 of I.P.C. and Section 39, 41 and 45 of the Maharashtra Money Lending (Regulation) Act, 2014.

(2.) The offence in this case was registered on the basis of the complaint lodged by one Nagnath Naikwadi who is a labourer, working with Solapur Municipal Corporation. Incidentally the applicant is also working as a labouer with the said Corporation and therefore, the complainant and the applicant were acquainted with each other.

(3.) According to the complainant in the year 2008, he obtained a loan of Rs.1,00,000/- from the applicant for the purpose of marriage of his daughter and had agreed to pay interest at the rate 10% per month. It is submitted that the loan obtained in December, 2008 was repaid along with interest till December, 2013. However, the applicant was claiming that a further amount of Rs.1,60,000/- was due and payable. According to the complainant, he has paid an amount of Rs.17,28,000/- towards the repayment of the loan. It is alleged that the applicant used to forcibly take the complainant to Bank of Maharashtra, where the complainant is having his salary account and used to extort the amount of Rs.12,000/- towards interest. It is necessary to note that although such extortion continued from 2013 every month, the complaint came to be lodged only on 01.08.2020.