PARVATI RAMDAS BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants are seeking anticipatory bail in connection with C.R. No.263/2019 registered at Vithalwadi police station, District-Thane under Ss. 420, 406, 465, 467, 468, 471 read with 34 of Indian Penal Code.

(2.) The FIR is lodged by one Sagar Salvi. He has stated that he wanted to purchase residential rooms. In October, 2017 he and his friends went to the office of M/s. Shree Developers. One Sandesh Bhoir was in charge of the business. He showed the documents regarding the place and ready rooms in the building known as Nilesh Residency. Sandesh Bhoir quoted the price at Rs.12 Lakhs. He represented to the informant and others that he had an agreement with a finance company. That company was advancing 80% price as loan and Rs.2,67,000.00 were given from the Prime Minister's Housing Scheme. The accused Sandesh Bhoir showed some receipts showing booking made by some police employees. The informant and his friends Ganesh Borade, Hemant Jadhav and Rajendra Bahire decided to purchase rooms. They were asked to give documents in the nature of Aadhaar Card, PAN card, salary slips and twelve blank cheques. The informant had given all those documents to Sandesh Bhoir. The informant had paid Rs.50,000.00 in cash, but, he was given receipt of only Rs.5,000/-. After that, Sandesh Bhoir did not call the informant for executing any agreement. The informant pursued the matter with him. He demanded Rs.2 Lakhs more. The informant paid that amount through bank transaction. After that Sandesh Bhoir stopped responding to the informant. In April, 2018 suddenly the informant received a phone call from M/s. Aspire Homes Finance Company Limited, Kalyan telling him that the cheque issued by him was dishonored. The informant was shocked. He has not given any cheque. He made enquiries. He came to know that the accused had obtained loan in the name of the informant through his Shri Developers from Aspire Home Finance Company, Vasai to the tune of Rs.12,50,000/-. On enquiries, the informant came to know that the accused Sandesh Bhoir had taken that loan by forging informant's and his wife's signatures. In April, 2018, the informant further came to know that money from his bank account was debited periodically in the name of Muthoot Housing Finance Company, Bail Bajaar, Kalyan. On further enquiries, he came to know that again Shri Developers had obtained the loan of Rs.14 Lakhs in the informant's name in respect of an agreement of purchase of flat No.102 in Saineel Apartment at Washind, Shahapur. The informant came to know that in respect of three flats fraudulent registration was made in the informant's name. His aforementioned friends were similarly cheated and some fraudulent transactions were made in their names as well. Thus the informant was suffering losses for the loan which he had not taken. The amounts were not deposited in the name of present Applicant. Applicant No.1 is mother of the main accused Sandesh Bhoir and Applicant No.2 is his brother. The FIR mentions the names of other victims, who had suffered similar losses to the tune of Rs.3,30,72,802.00.

(3.) Heard Ms. Madhavi Tavanandi, learned Counsel for the Applicants, Smt. A.A. Takalkar, learned APP for the State and Ms. Latika Chitre, learned Counsel for the Intervenor.