LAWS(BOM)-2022-8-168

PRASHANT Vs. UNION OF INDIA

Decided On August 18, 2022
PRASHANT Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present Criminal Application is filed under Sec. 482 of the Cr.P.C., by the applicant seeking two substantive reliefs therein :

(2.) The applicant was working as a Recovery Officer in one Yash Consultancy Services (Recovery Agency of Dena Bank now known as Bank of Baroda). The Informant (Complainant) is a borrower of vehicle loan from Dena Bank. B. First Information Report's Contents :-

(3.) 1] It is the case of the complainant - Subhash Kashinath Rane in his complaint dtd. 12/1/2021 lodged with CBI, ACB, Pune which was registered as FIR No. RC PUNE 21/A/001, dtd. 18/1/2021 that, he had obtained a loan from Dena Bank (now Bank of Baroda) from Chalisgaon Branch in the year 2010-11 for purchase of tractor. He defaulted in payment of installments of the said loan. On 8/1/2021, at about 8.30 a.m. in the morning, the present Applicant, claiming to be the Recovery Officer of the Bank of Baroda, came to his house and showed him one notice of the bank and further stated that the complainant had taken loan of Rs.5.00 Lakhs which has now become 12 Lakhs, due to non payment of installments. Hence, he had come to seize the tractor. The complainant has further stated that, he then requested the Recovery Officer not to seize the tractor. The said Recovery Officer then demanded Rs.20,000.00 in cash from the complainant and further mentioned that only after he receives Rs.20,000.00, he will not seized the tractor. It is further case of the complainant in his complaint that he paid Rs.10,000.00 as a part payment immediately, and further agreed to pay the balance Rs.10,000.00 on 21/1/2021. So also, agreed to compromise and put an end to the said loan account which has now become 12 Lakhs by fixing the outstanding amount as Rs.5.00 Lakhs.