BANK OF BARODA Vs. DNYANDEO SADASHIV GAWANDE

JUDGEMENT

(1.) Heard learned Counsel Shri C.S. Samudra for the petitioner, learned Counsel Shri H.R. Gadhia for respondent Nos. 1 and 2 and learned Additional Public Prosecutor Shri A.S. Fulzele for respondent No. 3. Rule. Rule returnable forthwith by consent of learned counsel for the parties.

(2.) Respondent Nos. 1 and 2 were summoned by the learned Magistrate to answer the charge for the offences punishable under Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code. It was alleged by the petitioner Bank of Baroda, Akola Branch that respondent Nos. 1 and 2 had taken loan from the bank to the tune of Rs. 15,00,000/- by mortgaging the property, which was already mortgaged to Akola Urban Co-operative Bank, A.P.M.C. Branch, Akola. The learned Magistrate after hearing the petitioner found prima facie case for the offences of forgery and cheating. He also found prima facie case of using forged document as genuine document and accordingly issued process.

(3.) The said order of the learned Magistrate was challenged before the Sessions Court in a revision petition filed by respondent Nos. 1 and 2. The Sessions Court while deciding the revision petition came to the conclusion that there was no prima facie material on record to issue process. The revision petition was, therefore, allowed. The order directing issuance of process against respondent Nos. 1 and 2 passed by the learned Magistrate was set aside.