CHANDRAPRAKASH B. LODHA Vs. RUKMINI BABAN KADAM

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned counsel appearing for the parties, heard finally.

(2.) By this writ petition, the petitioner seeks to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India as also power under Section 482 of the Code of Criminal Procedure for quashing of Criminal Case No.777/PW/2017 pending on the file of the 57 th Metropolitan Magistrate Court at Kurla arising out of the FIR No.595 of 2015 registered at Shivaji Nagar Police Station for the offences punishable under Sections 420, 465, 467, 468 and 471 of the Indian Penal Code.

(3.) In the complaint leading to registration of FIR, respondent No.1 (original complainant) submitted that the petitioner had cheated her, taking advantage of her old age and illiteracy. It was submitted that the petitioner first became a partner in connection with fair price shop and thereafter caused an application to be moved before the competent authority for transfer of licence in his name. On this basis, it was submitted that the petitioner had committed the said offences. Upon registration of FIR, investigation was undertaken.