MUJIB ABDUL MIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 439 of the Cr.P.C. filed by the aforesaid Applicant, who is facing trial in RCC No.2830/PW/2021, pending on the file of Court No.24, Borivali Court, Mumbai. Said case arises from C.R. No.235 of 2019 registered with Malad Police Station, Mumbai, for the offences punishable under Ss. 406 , 419 , 420 , 465 , 467 , 468 and 471 r/w 34 of the IPC and Sec. 66(c) and (d) of the Information Technology Act , 2000.

(2.) Heard Mr. Chetan S. Damre, learned counsel for the Applicant, Ms A.A. Takalkar, APP for Respondent No.1-State and Mr. Mahesh D. Pol, learned counsel for Respondent No.2. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

(3.) The aforesaid crime was registered pursuant to the FIR lodged by Rohan Agarwal. The facts narrated in the FIR prima facie reveal that the First Informant was in financial doldrums. He was informed that the Applicant herein could arrange a loan. Accordingly, the First Informant met the Applicant at Chennai. The Applicant explained to him the process and informed him that he would charge 10% of the loan amount towards processing fees. The First Informant agreed to pay the said amount. It is stated that the Applicant informed the First Informant that he would not be able to withdraw the loan amount unless the entire loan amount was credited in the account. He further told him that he could utilise the loan amount on payment of 10% of processing fees.