SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The application is filed for the relief of anticipatory bail in Crime Regn. No. 64/2020 registered with Satara Police Station, Aurangabad, for the offences punishable under Sections 420 , 465 , 468 and 471 of the Indian Penal Code.

(2.) Both the sides are heard.

(3.) The submissions made and the record show that Shivaji Nagari Sahakari Bank Ltd., Paithan Dist. Aurangabad, Branch Satara Parisar, Aurangabad, had approached this Court for giving direction to police to register crime against present applicant. The applicant had taken hypothecation loan for purchasing Toyota Innova four wheeler. Value of the vehicle was more than Rs. 12,00,000/-. As it was a hypothecation loan, entry of the loan amount was made in R.C. book and other record of the vehicle. Present applicant then approached the R.T.O. office and requested for removal of entry of the charge of the loan from the concerned record. Said application was given in the year 2018 and alongwith the said application, he produced photo copy of 'no objection certificate', allegedly issued by the financer, the aforesaid bank. By way of precaution, the R.T.O. office, Aurangabad, on receipt of the said application, asked for confirmation about the certificate as the charge was to be removed from the record. After verification, the bank realized that the false record of 'no objection certificate' was created by the present applicant and such intimation was given to the R.T.O. office. Charge was not deleted. Then the bank approached the police and gave complaint against the applicant. As the police machinery was not taking cognizance of the complaint, Criminal Writ Petition No. 985 of 2019 was filed in this Court and the direction was given by this Court to register the crime on the basis of the complaint of the bank. That decision was given on 10 th February 2020. It appears that after decision of this Court in Criminal Writ Petition No. 985/2019, the crime came to be registered. In F.I.R., there are allegations of the aforesaid nature.