LAWS(BOM)-2023-8-293

KIRAN RAJESH BHATIA Vs. STATE OF MAHARASHTRA

Decided On August 18, 2023
Kiran Rajesh Bhatia Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The applicant apprehends arrest in crime no. 427 of 2022 registered with Gamdevi Police Station, Mumbai, for the offences punishable under Sec. 420, 465, 467, 468, 471, 474 r/w. 34 of the Indian Penal Code .

(2.) The crime against the applicant and the other co-accused has been registered pursuant to the FIR lodged by Rohini Ravindra Avhad. The facts narrated in the FIR and the other material on record prima facie reveals that the applicant, who is a proprietor of M/s. Pinnacle Furnishing and Export, had availed loan of Rs.4.00 Crores from the Bank of Baroda. One Asha Chowkekar was offered as Guarantor for repayment of the loan., and she mortgaged flat No. A-501 situated at Greenfield CHS, Thakur Complex, Kandivali (East), towards security of the loan amount.

(3.) The records reveal that Asha Chowkekar had expired on 21/1/2010 i.e. prior to availment of loan. The records also reveal that by a registered agreement for sale dtd. 25/5/2011, the son of Asha Chowkekar had already sold the flat to one Surendra Sharma. Said Surendra Sharma had also taken loan of Rs.50.00 lakhs from the co-operative society by mortgaging the said flat. He defaulted in repaying the loan and as a consequence the flat was auctioned, and the same was purchased by the first informant.